New regulation on the extension and flexibility of birth and childcare leave

At a glance

• On 30 July 2025, the Royal Decree-Law 9/2025 was published, introducing certain amendments to the wording of the Workers’ Statute to complete the transposition of Directive (EU) 2019/1158 of the European Parliament and of the Council of 20 June 2019.
• Birth and childcare leave has been extended, aiming to align labour legislation with employees' family needs.
• The leave is increased by three weeks, with a more flexible structure, while ensuring the maintenance of ordinary income.

The Spanish government introduced Royal Decree-Law 9/2025 extending birth and childcare leave, amending two sections of Article 48 of the Workers’ Statute. The revised wording of paragraphs four and five of Article 48 of the Workers’ Statute introduces the following changes:

• The employment contract may be suspended for 19 weeks for both the biological mother and the other parent in cases of birth, adoption, guardianship for adoption purposes, and foster care.
• In single-parent families, the suspension period is extended to 32 weeks.
• The first six weeks must be taken uninterruptedly and immediately following childbirth, judicial resolution establishing adoption, or administrative decision on guardianship. This period is mandatory.
• An additional 11 weeks (or 22 weeks in single-parent families) may be taken at the parent’s discretion, either consecutively or intermittently, until the child turns 12 months old.
• A further two weeks (or four weeks in single-parent families) may be taken at the parent’s discretion, either consecutively or intermittently, until the child turns eight years old.

Implementation timeline:

• The regulation enters into force on 31 July 2025.
• Leave periods may be requested starting 1 January 2026.
• The provision regarding the additional two (or four) weeks of leave until the child turns eight will apply to qualifying events occurring on or after 2 August 2024.

This Royal Decree-Law aims to promote equality in the workplace by recognising the right to work-life balance as a fundamental employee right.