Coming to Spain

View Original

Maternity Leave in Spain: 7 Considerations for Expat Families

If you are an expat family considering moving to Spain, understanding local family benefits, particularly maternity leave, is crucial. When I gave birth to my first baby in 2024, I benefited firsthand from Spain's generous maternity leave policy.

This blog post aims to share my personal experience and provide up-to-date information on maternity leave in Spain, addressing common questions about the topic.

What is the Maternity Leave Policy in Spain?

In Spain, maternity leave is a well-supported period designed to help mothers recover from childbirth and bond with their newborns. Both parents are currently entitled to 16 weeks of paid leave (compulsory for the first 6 weeks after birth), which can be extended under special circumstances, such as multiple births.

During maternity leave, parents receive 100% of their regulatory base salary, calculated based on their average earnings in the six months prior to the start of leave. Although the first six weeks post-birth must be taken consecutively, the remaining weeks can be taken intermittently until the child is one year old.

A common approach for parents, which I also followed, is for the mother to take all her maternity leave at once, including the 15 days of lactation leave (explained later in the article), along with paid holidays to extend the leave to up to 5 to 6 months. Depending on your circumstances, the partner can return to work after the initial mandatory 6 weeks and then take over the leave once the mother goes back to work. This arrangement can allow you to stay with your child for up to 7 to 8 months before seeking other childcare options like nursery, especially if, like me, you don't have family support in Spain.

Before the birth, I stopped working a month early due to health issues. To manage this, I contacted my local doctor who issued a "baja," a temporary leave. This document was then sent to my employer, which kicked off my maternity leave.

See this form in the original post

7 Considerations on Parental Leave for Expats Moving to Spain

1. Equalized Parental Leave for Both Parents:

Since January 1, 2021, paternity leave and maternity leave is the same in Spain. Spain is unique in offering equal parental leave to both mothers and fathers, providing 16 weeks for each parent. This policy ensures that both parents can equally participate in early child-rearing and bonding. For expat families, this means a more balanced approach to childcare responsibilities, enhancing the overall family experience.

2. Upcoming Exciting Enhancements to Parental Leave due in 2024:

Starting in 2024/2025, Spain will extend parental leave from 16 weeks to 20 weeks per parent, allowing even more time for family bonding and care. Unfortunately, I did not benefit from this new extension since I gave birth at the start of 2024, however, this is great news for anyone planning to move to Spain in 2025.

Additionally, a new policy will permit up to 8 weeks of parental leave, either continuous or discontinuous, for the care of a child or minor fostered for more than a year, up until the child turns 8 years old. This leave is nontransferable and may be taken in a continuous block of time or in increments, on a full- or part-time basis. While currently unpaid, updates expected in August 2024 may provide details on potential compensation, making it a more attractive option for working parents.

3. Lactation Breaks for Both Parents:

As mentioned previously, both mothers and fathers in Spain are entitled to a one-hour break each day to care for a nursing baby (el cuidado del lactante) during the first nine months of the baby’s life. This time can be used for breastfeeding or bottle-feeding. Parents also have the option to accumulate these hours into a 15-day leave, providing flexibility to suit their individual needs. This policy supports working parents in balancing work and childcare. Self-employed parents are excluded.

4. Universal Parenting Benefit:

The Spanish government has announced a universal parenting benefit of 200 euros per month per child, regardless of the family’s economic situation. This initiative aims to reduce child poverty, which currently stands at 30%, and ensure a minimum level of well-being for all children. Scheduled for inclusion in the 2025 budget, this benefit represents a significant step toward supporting all families in Spain.

5. Financial Support for Families in Need:

Spain offers various benefits for families experiencing financial difficulties due to childbirth or adoption:

- Dependent Children or Foster Children: Benefits are available for families with dependent or foster children under 18 with a disability of at least 33%, or for those over 18 with a minimum disability of 65%.

- Large or Single-Parent Families and Parents with Disabilities: Financial aid is available for large families, single-parent families, or parents with a minimum disability of 65%.

- Multiple Birth or Adoption: Families giving birth to or adopting multiple children at once can apply for additional benefits.

- Insured Periods: In some cases, the leave period taken to care for a family member is considered an insured period, ensuring continued social security benefits.

6. New Benefit for Mothers of Young Children:

In 2023, Spain introduced a benefit for mothers of young children (aged 0 to 3), amounting to 1,200 euros per year. This financial support helps cover the costs associated with raising young children and provides additional relief for working mothers.

7. Parental Leave for Up to Three Years Post-Birth:

Parents can request parental leave (Excedencia por cuidado de hijos) for up to three years after childbirth. This leave is an individual right for each parent. During the first year, parents are guaranteed a return to their same job position. After the first year, job protection extends to a position of the same category, ensuring continued employment security while allowing parents to focus on their child’s early years.

All in all for expat families, Spain offers a robust maternity leave policy and high standards of maternity care, making it an attractive destination for raising a family. If you are looking to find out more about giving birth in Spain, and childcare for your young children, I have written a few articles to help paint a picture of what can be expected when moving to Spain.