Extension of parental leave to 19 weeks' paid leave

Royal Decree-Law 9/2025 of 29 July, published in the BOE on 30 July, modified article 48 of the Workers' Statute, extending paid leave for birth, adoption, foster care or adoption. Until now, the duration was 16 weeks for each parent, individual and non-transferable. After the reform, the leave is now 19 weeks paid leave and the extension of these weeks will only be applicable for births or adoptions from 2 August 2024 and can be requested from January 2026.

The new Article 48.4 ET expressly states:

"Birth, which includes childbirth and childcare, shall suspend the employment contract of the biological mother and that of the parent other than the biological mother for nineteen weeks.

(...)

The suspension of the contract of each of the parents for the care of the child is distributed as follows:

(a) Six uninterrupted weeks immediately following childbirth shall be compulsory and shall be taken on a full-time basis.

b) Eleven weeks, twenty-two in the case of single parenthood, which may be distributed at the worker's discretion, in weekly periods to be taken cumulatively or interrupted and exercised from the end of the compulsory suspension following childbirth until the child reaches the age of twelve months (...). (...).

c) Two weeks, four in the case of single parenthood, for the care of the child, which may be distributed at the worker's discretion, in weekly periods accumulated or interrupted until the child reaches the age of eight years".

This means that, in addition to the six compulsory and eleven voluntary weeks during the first year, each parent may have two additional paid weeks to enjoy until the child reaches the age of eight.

However, the Sole Transitional Provision of Royal Decree-Law 9/2025 clarifies that these two paid weeks only correspond to births, adoptions or fostering occurring after 2 August 2024. Consequently, the fact that the child is less than eight years old is not sufficient to generate the right to the financial benefit, and it is also necessary that the causal event has occurred as of the aforementioned date:

"The regulation introduced by this Royal Decree-Law in Article 48.4 and 5 of the revised text of the Workers' Statute Law, and in Article 49.a), b) and c) of the revised text of the Law of the Basic Statute of the Public Employee, regarding the addition of the two weeks, four in the case of single parenthood, of suspension of the work contract or of the leave for the birth and care of a child that can be taken until the child reaches the age of eight, shall be applicable to the causal events occurring as of 2 August 2024.

The use of these weeks of suspension of the employment contract or leave for childbirth and childcare, as well as the corresponding financial benefit, may be requested from 1 January 2026 and will not require a new recognition of the right, with the regulations governing the use of the voluntary period of leave for childbirth and childcare being applicable".

Therefore, it is not enough for the child to be less than eight years old; the birth, adoption or fostering must have taken place after 2 August 2024 to generate the right to these two additional weeks, whose application will only be possible from January 2026.

The purpose of this reform is to complete the transposition of Directive (EU) 2019/1158 on the reconciliation of the family and working life of parents and carers, which replaces the previous Directive 2010/18/EU. This strengthens the legal framework for co-responsibility in childcare and makes progress in complying with EU requirements.

It will be important to observe in the coming months whether the European Commission considers that Spain has fully complied with the Directive.