Maternity/Paternity leave - Guide
Updated: Feb 18, 2021
Requesting the maternity/paternity leave in Spain
Parents in Spain have the right to request a resting period after the birth of their child. This period can be extended in case of birth, adoption, disability or hospitalization of the newborn. This resting period grants the 100% of your salary, which will be provided by the Social Security (INSS). The benefit can be granted right after the birth or anticipated if the mother prefers to (for a maximum of 4 weeks before the expected date of birth). Both parents have the right to a resting period of 16 uninterrupted weeks. This period is increased by 2 additional weeks for each newborn after the second one. The first 6 weeks are received by the mother, and the remaining 10 can be shared between the mother and the father.
Being affiliated to the social security system
Have a minimum period of quotation (variable depending on age)
Parents under 21 are exempt of this requirement
Parents between 21 and 27: 90 days of quotation within the past 7 years or 180 in total
Parents over 26: 180 days of quotation in the past 7 years or 360 days in total
Complying with the tax duties which you are responsible for as a worker.
What documents to provide?
To request the maternity/paternity leave you will need the following documents:
Completed application form
Your ID (NIE, TIE or DNI)
Family book or its UK counterpart
Company certificate, if self employed
Documentation related to the quotation, depending on your working regime
Maternity report* (only necessary if the worker has started the resting period before the birth or in case of the newborn’s death after at least 180 days of gestation). The maternity report is provided by the local CAP or, in case of the newborn’s death, the medical centre that assisted your birth. You will be provided with 2 copies. You will need your medical card. One copy will be for your company and the other one to present to the INSS.
Where to present the documents?
You can present the documents at the closest INSS centre. Find your closest INSS office with this office locator. Due to COVID restrictions, you will have to book an appointment. You can book an appointment online following this link. The resolution will be communicated exclusively through electronic means. You can consult your resolution by accessing this link. You will need one of the following verification systems to access the site: Digital Certificate, Cl@ve. Learn more about how to obtain a digital certificate with our step by step guide.