Extension of Birth and Parental Leave: What Employers Need to Know

The Spanish Government has announced a significant extension to birth and parental leave entitlements, directly impacting human resources and workforce planning for businesses. These changes, approved by Royal Decree-Law, align national legislation with the European Directive and reinforce the rights of workers to better work-life balance.

What does this extension entail?

Effective immediately, birth leave is extended from 16 to 17 weeks per parent. In addition, two further paid weeks have been introduced for childcare until the child turns 8 years old. These weeks can be taken flexibly and will also apply retroactively to children born on or after 2 August 2024.

This means employees may now take up to 19 weeks of fully paid leave, in addition to the 8 unpaid weeks currently recognised under Article 48 bis of the Spanish Workers’ Statute.

Impact on single-parent families

One of the most significant changes is the increase in leave to 32 weeks for single-parent families, doubling the previous entitlement. This measure recognises the additional care responsibilities typically assumed by these families — the majority of whom are headed by women — and ensures parity with two-parent households in terms of total leave available.

What should businesses prepare for?

Companies should be ready to:

• Adapt their HR policies to reflect the new timelines and flexible arrangements.

• Update workforce planning and cover strategies for extended absences.

• Ensure full legal compliance to avoid penalties during inspections.

• Review internal procedures and collective agreements regarding leave entitlements.

Challenges and opportunities

While this reform may present short-term organisational challenges, it also offers a valuable opportunity to strengthen family-friendly workplace culture, attract talent, and improve employee retention. Businesses that take a proactive approach to these changes will be better positioned to build a fair, modern, and inclusive working environment.