New extension of parental leave: from 16 to 19 weeks, with specific rules for single-parent families
At the end of July, Royal Decree-law 9/2025 entered into force, amending sections 4 and 5 of Article 48 of the Workers’ Statute.
With this reform, parental leave increases from 16 to 19 paid weeks per parent, and in the case of single-parent families, the leave extends up to 32 weeks.
This measure adds three weeks to the previous entitlement, already discussed in a prior post, and seeks to reinforce co-responsibility and work–life balance, while aligning Spanish legislation with European standards.
How is the new parental leave structured?
General leave (per parent)
Total duration: 19 paid weeks.
Distribution:
17 weeks must be taken during the child’s first year of life (or from the date of resolution in cases of adoption, fostering or guardianship).
2 additional flexible weeks, which may be taken until the child turns 8 years old, for care purposes.
First 6 weeks: compulsory, uninterrupted, full-time leave, immediately after birth, adoption or fostering.
For the biological mother, leave may start up to 4 weeks before the expected due date.
Remaining weeks: may be taken on a full-time or part-time basis, subject to agreement between employer and employee.
Leave for single-parent families
Total duration: 32 weeks.
Distribution:
28 weeks during the first year of life.
4 flexible weeks until the child turns 8 years old.
Funding and tax treatment of parental leave
Both the additional weeks (2 under the general regime and 4 for single-parent families) and the rest of the leave are fully covered by Social Security, which pays 100% of the regulatory base.
If leave is taken on a part-time basis, the employer must pay the proportional salary for hours worked.
The benefit is exempt from personal income tax (IRPF), so the beneficiary receives the full gross equivalent of their salary, without tax withholding.
Entry into force and retroactivity
The measure entered into force on 31 July 2025, following publication in the Official State Gazette (BOE) on 30 July. Retroactivity applies to births, adoptions or fostering from 2 August 2024 onwards.
However, retroactive claims for cases between August 2024 and July 2025 may only be filed from January 2026.
Special cases: premature births and hospitalisation
In cases of premature birth or where the newborn requires hospitalisation:
The leave may begin from the hospital discharge date (excluding the compulsory 6 weeks immediately after birth).
If hospitalisation exceeds 7 days, leave is extended by the same duration, up to a maximum of 13 additional weeks.
Impact on companies
The reform requires companies to:
- Update internal work–life balance policies.
- Establish clear protocols for absence management and temporary staff replacement.
This is particularly critical in sectors with seasonal peaks, small teams, or key roles that are difficult to cover, where advance planning is essential to avoid disruptions.
Beyond its legal scope, the measure marks a step forward in equality in parental leave by introducing greater flexibility, protection and fairness for all families, including single-parent households. Ultimately, it promotes work–life balance, encourages shared responsibility, and strengthens social protection for families.
Do you need advice? Access our area on birth leave and childcare: