The Social Security clarifies the entitlement to two additional weeks of birth leave from 2026 onwards

According to RED BNR Newsletter 11/2025, dated 26 November 2025, Social Security has specified the operation of the two additional weeks (and four, in cases of single parenthood) linked to the suspension of the contract and the benefit for childbirth and childcare introduced by RDL 9/2025.

In particular, it confirms that these weeks can be taken on a deferred basis and at any time until the child reaches the age of 8, which significantly extends the planning margin for family reconciliation and business organisation.

The Bulletin also clarifies a particularly relevant aspect in transitional terms, since, when the triggering event has occurred between 2 August 2024 and 30 July 2025, the request for these additional weeks may be submitted from 1 January 2026. However, the request is subject to a specific procedural rule: it can only be made a maximum of 15 days before the expected start date and, in addition, requires the company to submit the corresponding company certificate.

Finally, for practical purposes, it should be noted that the application is processed through the same channels as the rest of the benefit, with priority given to electronic means, especially through Tu Seguridad Social (Your Social Security), and the company may even act as the employee's representative. Consequently, it is advisable for HR to put in place a streamlined internal process for issuing the company certificate and, at the same time, to review its absence planning guidelines, given that the leave may be concentrated in very different time windows up to the child's 8th birthday.

Article written by the Labour Department of ECIJA Madrid.