Three more paid weeks: how and when to apply for the new maternity and childcare leave

BarcelonaThose who have become parents in recent weeks should know that the parental leave and childcare leave have undergone changes this September. Each parent will have three more weeks of paid leave (one for birth, adoption, or foster care, and the other two for childcare), while for single-parent families, the measure will be six weeks (two for birth and four for childcare). The measures were approved by the Congress of Deputies this month and came into effect on September 11. All parliamentary groups except Vox, which abstained, approved them.

But when and how should these weeks be granted? Can only families who have had children on or after September 11 be eligible? We unravel the fine print of the new regulations with labor lawyer Juan Manuel Lorente Morán.

Maternity and paternity leave increases from 16 to 17 weeks for each partner. Both parents must work full-time for the first six weeks at the time of birth, adoption, or foster care. The remaining 11 weeks, however, can be agreed upon with the employer to work full-time or part-time; however, they must be completed before the baby turns one, and the couple does not need to work the same number of weeks. This measure does not affect breastfeeding leave, which remains at three weeks.

In addition to the week for birth, adoption, or foster care, the new regulations also add two more paid weeks for each member of a couple to care for their child. In the case of more than one child, for example, twins, the same would be four weeks for the father and another four for the mother (two per child). Unlike the birth allowances, these two weeks can be taken until the child turns 8. The other major difference is that families with children born on or after August 2, 2024, will also be entitled to these two weeks. "However, families requesting it retroactively will not be able to do so until January 1, 2026," the labor lawyer points out.

"The two paid weeks must be taken in minimum periods of weeks; however, they can be taken full-time or part-time, depending on the agreement with the company," explains the labor lawyer. For example, if the leave is to be taken part-time, the leave would be extended by four weeks, and during this period the employee would work half-time. In fact, according to the regulations, the employee must notify the company at least 15 days in advance of the exercise of this leave and how they wish to do so. It should be made clear that these two paid weeks are added together. to the eight-week leave for childcare also for children under eight years of age, which has been in place since 2023 but in this case is unpaid.

The first six weeks, yes, because it's required by law. Otherwise, they could initially coincide unless the company rejects it in writing and with a "very demonstrable" justification, which really makes it clear that it's a problem for the company, the labor lawyer points out.

In the case of single-parent families, they will be required to take paid leave from 26 to 28 weeks for birth or adoption. They must also take the first six weeks at the time of birth or adoption, while the remaining 22 weeks can be taken during the baby's first year and must be for a minimum of one week. As for paid leave for childcare up to the age of 8, single-parent families will be entitled to four weeks. Like all other families, they can apply retroactively for children born on August 2, 2024, and they will also have to wait until January 1, 2026, to apply for the leave.

"The new permits will be paid by Social Security, which means that the worker will receive 100% of their contribution base [the same amount as with the birth permit]," explains Lorente Morán. In fact, the Spanish government has already estimated the cost of this measure at €1.5 billion and added that almost one million people will benefit this year. Pedro Sánchez's government asserts that with this measure, they comply with the European directive that establishes eight weeks of paid parental leave and thus resolve a sanctioning procedure that has been pending against Spain since August of last year, which has resulted in paying a fine to Europe of more than €9,000 per day.