Parental leave in Spain: rights, durations, and employer obligations

Learning details about parental leave in Spain can feel complex, but getting it right shows your employees you care. Spanish parental leave regulations are generous yet rigorous, grounded in the Workers’ Statute and reinforced by EU directives.

For international employers, understanding those rules isn’t optional: non‑compliance can lead to legal action, financial penalties, or reputational harm. In this guide, we’ll explore what you, as an employer, need to know about maternity, paternity, and shared parental leave, and how a Spanish Employer of Record (EOR) can help you stay compliant even without a Spanish entity.

Understanding parental leave in Spain

Spanish law recognises three main types of leave relating to new parenthood. Maternity leave (permiso de maternidad) is available to biological mothers and mothers through surrogacy, while paternity leave (permiso de paternidad) applies to those who are fathers or share parental responsibilities.

A growing number of employees are also entitled to extended unpaid leave or flexible working rights. Eligibility requires both employer registration and employee social security affiliation.

Maternity leave: entitlements and process

When a child is born, mothers are entitled to 16 continuous weeks of maternity leave. These weeks are 100 % paid through the Spanish Social Security system. The first six weeks must be taken immediately after birth, providing crucial early bonding time, while the remaining ten can be postponed.

In some cases, these ten weeks may be transferred to the other parent, which requires the agreement of both parents and notification to the employer, and must follow approval from Social Security.

As an employer, you’re required to:

• Request medical certificates confirming pregnancy and birth.
• Ensure that maternity pay is applied correctly through payroll and Social Security.
• Keep the employee’s position open and allow a smooth return—transfers or HR adjustments must respect Spanish equality provisions.

Paternity leave: what employers must provide

Since 2021, fathers in Spain have been entitled to 16 weeks of paternity leave, equal to the amount of maternity leave. This progressive policy positions Spain as one of the most supportive countries in Europe for working parents.

The first six weeks must be taken immediately after the birth and on a full-time basis. The remaining 10 weeks can be taken continuously or in blocks within a 12-month period, allowing flexibility to accommodate family and work arrangements.

Paternity leave is fully paid and funded by Spain’s Social Security system, not the employer directly. However, employers have several significant obligations during this period. They must update payroll records, report leave periods to the relevant authorities, and ensure that Social Security contributions are accurately calculated during the employee’s absence.

Moreover, employers are required to guarantee job protection during and after leave, meaning the employee must return to the same or an equivalent position with no loss of benefits or seniority.

Importantly, dismissal of an employee on paternity leave is prohibited unless justified by serious misconduct and supported by proper documentation. To avoid legal risk, employers should ensure internal policies align with current Spanish labour law and leave entitlements.

Additional parental rights and protections

Beyond maternity or paternity leave, Spain guarantees:

• Reduced working hours or flexible schedules for childcare, often at reduced pay.
• Job protection throughout leave periods, even across different contract types.
• Rights to leave for adoption, guardianship or foster care, with similar durations and protections.
• The option of extended unpaid leave.
• Protection against dismissal and discrimination tied to pregnancy, childbirth, or caregiving duties.

Employer responsibilities and compliance tips

When one of your employees accesses parental leave, you must be prepared:

1. Document submission: collect birth certificates, Social Security forms or medical documentation.
2. Payroll coordination: ensure Social Security payments are activated, deductions suspended, and salary aligned with leave.
3. HR Policy: clearly include leave terms in employee handbooks and contracts.
4. Employee communications: maintain dialogue throughout leave, especially when coordinating flexible scheduling or return arrangements.
5. Remote/hybrid workforce support: verify entitlement and asynchronous workloads for off-site staff.

If employers fail to comply, inspectors from the Inspección de Trabajo may impose fines, order reinstatement, or mandate financial compensation. Misclassification, denial of leave, or failure to provide protections can result in legal claims.

How an Employer of Record can support compliant parental leave management

A Spanish Employer of Record (EOR) can serve as your legal employer in Spain, absorbing the administrative burden so you can focus on your business. Here’s how a Spanish EOR helps:

• Draft employment contracts that clearly define leave rights in line with Spanish law.
• Coordinates with Social Security and payroll to process maternity and paternity payments.
• Manages leave requests with accuracy and timeliness, ensuring legal protection.
• Advises on company policies, ensuring internal communication reflects statutory rights.
• Supports the employee’s return-to-work process, including potential schedule adjustments or remote arrangements.

For example, a German fintech startup plans to hire a Spanish developer but doesn’t want to incorporate locally. They partner with a Spanish EOR, which drafts a compliant contract that includes leave entitlements, handles payroll deductions and Social Security contributions, and ensures accurate maternity and paternity pay via the Social Security system.

When the developer takes six weeks of maternity leave, her salary is suspended appropriately and paid in full by the Spanish Social Security. Upon her return, workplace flexibility is organised quickly and correctly, all without the startup setting up a Spanish company.

This is particularly helpful if you lack a Spanish office, HR team, or legal infrastructure. A Spanish EOR can help ensure full compliance so you avoid penalties and treat employees fairly while operating remotely from your home country.

Manage parental leave with confidence

Spain offers some of the most generous parental leave entitlements in Europe, but these come with precise legal obligations that international employers must adhere to. From documenting birth certificates and medical forms to adjusting payroll and protecting rights after leave, these processes require care and compliance.

For companies without a Spanish entity or HR presence, partnering with a Spanish Employer of Record is an intelligent solution.

An EOR ensures the seamless handling of parental leave, from contract drafting and administration to leave payments and employee reintegration, all in full compliance with Spanish law.

If you want to hire in Spain confidently and compliantly, and manage parental leave without the regulatory headaches, get in touch to see how our Spanish Employer of Record service can help.