Extension of Birth Leave in Spain: Key Points for Companies

The entry into force of Royal Decree-Law 9/2025 marks a profound change in the management of birth leave in Spain. This reform, which completes the transposition of Directive (EU) 2019/1158, expands caregiving rights and strengthens shared responsibility. For companies, it involves new obligations, operational adjustments, and a strategic opportunity to strengthen their employer brand.

At Adlanter, we explain what changes, how to apply it correctly, and how to prepare with specialized labor advisory services.

What changes with the new regulation?

Effective date: July 31, 2025

The BOE establishes a significant extension of birth and childcare leave.

Summary of paid parental leave

Family type	Up to 12 months	Up to 8 years	Total
General	17 weeks	2 weeks	19 weeks
Single-parent	28 weeks	4 weeks	32 weeks

 

I want more information

 

General leave: 19 weeks

• 17 weeks may be taken until the child turns 12 months old.
• 2 additional weeks may be taken until the child turns 8 years old.
• These 2 weeks have retroactive effect from August 2, 2024.
• The request for these additional weeks can be made from January 1, 2026 onward.

Single-parent families: 32 weeks

• 28 weeks until the child turns 12 months old.
• 4 additional weeks until the child turns 8 years old.

Unpaid parental leave

Remains unchanged: 8 weeks unpaid, until the child turns 8 years old. It is an individual, non-transferable, and flexible right.

How does this affect your company?

Human resources planning

The extension of leave means longer and more flexible absences. This requires more precise planning of teams, shifts, and replacements.

Adaptation of internal policies

It will be necessary to review and update application protocols, internal communication models, and replacement criteria.

Impact on costs and productivity

Although the leave is paid by Social Security, its management can generate indirect costs if not properly planned.

Legal obligations

Failure to comply with new deadlines or unjustified denial of leave may result in labor sanctions or conflicts with employees.

What can companies do right now?

Identify retroactive cases

If you have employees with children born or adopted since August 2, 2024, they will be able to request the additional weeks from January 2026. Key actions:

• Review files.
• Prepare documentation.
• Inform employees.

Update protocols and manuals

Ensure your HR team knows the new deadlines and requirements. At Adlanter, we help you review and adapt your internal policies.

Train team leaders

Managing parental leave is not just a legal matter but also an opportunity to improve employee experience and strengthen work-life balance culture.

What does the law say? Key points from the BOE

• Paid parental leave is individual and non-transferable.
• 100% of the regulatory base is guaranteed during the leave.
• Additional weeks may be taken fractionally and part-time.
• Single-parent families have the right to 32 weeks.
• Unpaid parental leave remains in effect (8 weeks).
• Leave must be communicated at least 15 days in advance.

Want to avoid mistakes and gain peace of mind?

At Adlanter, we help you implement the new regulation quickly, safely, and smoothly.

Request a meeting with our labor advisory team and we will help you adapt your company to the new reality of parental leave.

Frequently Asked Questions (FAQs)

Are the 2 additional weeks mandatory for the company?

No. They are a right of the employee, but the company must facilitate their use if properly requested.

What if the child was born before August 2, 2024?

Retroactivity does not apply. Only parents of children born or adopted from August 2, 2024 can request the additional 2 weeks.

Can the weeks be taken fractionally?

Yes, especially the additional weeks until the child is 8 years old. The regulation allows flexibility in usage.

What happens if the company does not adapt its protocols?

It may face individual claims, labor conflicts, or even sanctions from the Labor Inspectorate.