Spain's Paid Paternity Leave, Step by Step

Earlier this year Spain phased in its final expansion to its paternity leave law. Now, both mothers and fathers have the opportunity to take a full sixteen weeks off from work to care for their new child, with 100% wage compensation.

In order to qualify, you must have correctly paid you social security contributions for a minimum of 180 working days within the past seven years or 360 total days in your entire professional life. Freelancers are also eligible and amount they receive is calculated based on their previous six months of social security contributions.

For an in-depth look at the changes and who is eligible, read : Spain's Progressive Paid Paternity Leave Leads Europe

The first six weeks must be taken immediately and consecutively after the child’s birth, whereas the other 10 weeks can be taken non-consecutively during the first 12 months of the baby’s life. Leave is no longer transferable between partners.

Benefits are the same for adoptions and foster care—provided the foster care arrangement is for more than one year.

Both parents in a same-sex couples are eligible, provided they have both legally adopted the child.

How to Apply

According to Spain's Seguridad Social (social security) website, you can submit your request electronically (with or without a digital certificate), by ordinary mail or in person at the Social Security Information and Service Centers (CAISS) as long as you have a prior appointment.

Online: With Digital Certificate or Cl@ve Account

If you have a digital certificate or username and password in Cl@ve, you can request it through the Tu Seguridad Social portal. You can also access this portal from this link on the Social Security Electronic Headquarters, by clicking on the access with digital certificate or username and password, in both cases it will direct you to the Tu Seguridad Social portal for authentication. All you have to do is fill in the details and attach the corresponding documentation. This portal also allows you to carry out a simulation of this benefit that anticipates the approximate amount to be received and the duration of the leave based on the estimated date of birth.

Online: Without Digital Certificate or Cl@ve Account

If you do not have a digital certificate or username and password in Cl@ve, you can use the form enabled during the COVID-19 pandemic for urgent procedures, which remains operational and that you will find at this link. You must select the managing body (INSS or ISM in the case of seafarers), the corresponding Provincial Directorate, fill in your personal data, the reason for your request and, finally, attach the duly completed application form and the corresponding documentation. 

Mail-in Application

If you wish, you can also download and fill out the application form and send it by ordinary mail to the Provincial Directorate of the INSS or the corresponding ISM, along with the rest of the documentation. You can find the list of addresses here.

In-Person Application

For your application in person, you must also submit the application and the rest of the documentation and request an appointment. You can request an appointment from the website of the Social Security and the Electronic Office, by clicking on this link. Or, you can request an appointment by phone at 91 541 25 30 or 901 10 65 70, with uninterrupted hours from 00:00 to 24:00, from Monday to Sunday.

Documents Required

In all cases you must present the following documents:

  • Request for the benefit.
  • Proof of identity of the parents (DNI, passport or NIE).
  • For employed persons: company certificate stating the start date of the work break due to the birth and care of the minor. If this has already been sent by the company, it will not be necessary.
  • The libro de familia (family book).
  • Documentation related to social security payments, according to your working arrangements.

Depending on the reason for the request, you may have to provide other specific documents.

In the Event of the Birth of a Child:

  • Maternity report issued by the Public Health Service.
  • Family book or certificate of registration in the Civil Registry of your child.

In Case of Adoption or Foster Care:

  • Family book or certificate of registration in the Civil Registry of your child.
  • Judicial resolution establishing the adoption or administrative or judicial resolution granting foster care.
  • When the prior displacement to the country of origin of the adopted child is necessary, you must provide the documentation issued by the competent body of your autonomous community, in which the initiation of the procedures for the adoption is justified.

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