New regulation on leave for birth, adoption, guardianship and/or foster care

The most relevant new features of this Royal Decree-Law (applicable to employment relationships governed by either the Workers’ Statute or the Basic Statute of Public Employees) are the following:

The birth leave (for both parents) is extended to 19 weeks.

• The first 6 weeks must be taken immediately after birth, on a full-time basis, and simultaneously by both parents.
• The remaining 13 weeks may be taken as follows:
  • 11 weeks, either consecutively or intermittently (in weekly periods), either on a full-time or part-time basis, and until the child turns 12 months old. This right may also be exercised either jointly or individually by each parent. An agreement with the company is required to determine the distribution of the leave.
  • 2 weeks, either consecutively or intermittently (in weekly periods), either on a full-time or part-time basis, until the child turns 8 years old. Again, an agreement with the company is required to determine the distribution of the leave.

In cases of adoption, guardianship for adoption purposes and/or foster care, the aforementioned timeframes and rights shall apply, commencing on the date of the judicial decision of adoption and/or the administrative decision granting guardianship for adoption purposes and/or foster care.

A specific regulation is introduced for single-parent families:

• 32 weeks of birth leave.
• The first 6 weeks must be taken immediately after birth and on a full-time basis.
• The remaining 26 weeks may be taken as follows:
  • 22 weeks, either consecutively or intermittently (in weekly periods), either on a full-time or part-time basis, until the child turns 12 months old. An agreement with the company is required to determine the distribution of the leave.
  • 4 weeks, either consecutively or intermittently (in weekly periods), until the child turns 8 years old. An agreement with the company is required to determine the distribution of the leave.

As a special rule in the public administration sector (Basic Statute of Public Employees), the following should be noted:

• The parent is guaranteed access to training opportunities once the suspension period ends.
• The suspension period shall be counted, for all purposes, as effective service time.

Economic benefit:
As this involves a suspension of the employment contract, employees shall be entitled to receive an economic benefit equivalent to 100% of the regulatory base for the entire suspension period. It will be necessary to refer to collective bargaining agreements and/or company agreements to determine whether or not there is a supplement to the regulatory base in cases where the employee earns a salary exceeding the maximum contribution base.

Entry into force:
The changes enter into force today, 31 July 2025. However, all employees whose child was born on or after 2 August 2024 (or for whom a judicial decision on adoption, guardianship and/or foster care was issued on or after that date) shall be entitled to take the 2 additional weeks of suspension until the child turns 8 years old (or 4 weeks in the case of single-parent families). In other words, partial retroactive application of the content of the regulation is envisaged.

Other matters:
This regulation does not affect the breastfeeding leave, which remains in effect under the same terms, nor does it affect the 8-week unpaid parental leave, which also remains in force.