On 31 July 2025, Royal Decree-Law 9/2025 came into effect, introducing important changes to the system of birth leave (formerly maternity or paternity leave) and parental leave. The purpose of this legislation is to allow families to spend more time together and to provide greater flexibility in balancing work and childcare.
Birth leave
Up to now, each parent was entitled to 16 weeks of paid leave following the birth, adoption or fostering of a child. From 31 July 2025, this entitlement increases to 17 weeks for each parent. In single-parent families, the leave rises to 28 weeks.
The first six weeks must always be taken immediately and in a full-time format after the birth or placement. The remaining weeks can be distributed more flexibly within the first year, either part-time or full-time, and either continuously or in blocks, depending on the family’s needs.
Paid parental leave
In addition to birth leave, a new entitlement to paid parental leave has been created. This applies to births, adoptions, or fosterings from 2 August 2024 and allows each parent to take two weeks of paid leave, or four weeks in the case of single-parent families. Unlike birth leave, this parental leave does not need to be used straight after the event. It can be taken at any time until the child turns eight. Applications for this leave will be processed by the Social Security (INSS) from 1 January 2026.
Unpaid parental leave
Alongside the new paid parental leave, the Workers’ Statute already recognised unpaid parental leave of up to eight weeks per parent. This can also be used until the child reaches the age of eight. The leave may be taken part-time or full-time, continuously or in several periods. During this time, the employment relationship and social security contributions are maintained. However, the employer has the right to postpone the start of the leave if its immediate use creates serious organisational problems.
Key dates
For births, adoptions or fosterings taking place between 2 August 2024 and 30 July 2025, parents will only be entitled to the new paid parental leave of two or four weeks (for single-parent families). From 31 July 2025 onwards, the full reform applies, meaning 17 weeks of birth leave plus the additional two weeks of paid parental leave.
