El Gobierno amplía en tres semanas el permiso de nacimiento y cuidado de menor y lo incrementa a 32 semanas para familias monoparentales
29/07/2025
Council of Ministers
The Government extends the birth and child care permit by three weeks and increases it to 32 weeks for single-parent families
Topics:
- The leave, which goes from 16 to 19 weeks, is the same for both parents, which improves the reconciliation of families and co-responsibility in care, while promoting the participation of women in the workforce and reducing the gender gap.
- One of the new weeks, two for single-parent families, will be enjoyed during the baby’s first year or in the first 12 months of adoption, foster care or foster care.
- The other two weeks, four for single-parent families, can be enjoyed flexibly until the child turns 8.
- Families whose children were born on or after August 2, 2024 will be able to receive retroactively during the last two weeks
- The duration of the Social Security Child Care and Birth Benefit is extended to cover these new permits, benefits that will be 100 per 100 of the contribution base
- Elma Saiz: “Spain is an international example in conciliation and co-responsibility policies. With this measure, Social Security responds to a demand that extends support to families and allows progress in more rights, equality and progress to continue building a better country.”
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The Council of Ministers, at its meeting today, approved the three-week extension of the birth and childcare leave, which goes from 16 weeks to 19, and increases and doubles it from 16 to 32 weeks in the case of single-parent families, where almost 80% are women. This improves protection for parents and minors, co-responsibility if there are two parents, and the right to family and work conciliation.
“Spain is today an international example and a reference in policies of conciliation co-responsibility and equality. With this great advance, Social Security responds to a demand that extends support to families and also allows us to continue advancing in more rights, equality and progress to continue building a better, stronger and cohesive country,” said the Minister of Inclusion, Social Security and Migration, Elma Saiz.
The new three weeks, which will be covered by extending the duration of the Social Security childcare and birth benefit, will also be managed by the National Social Security Institute (INSS).
After the extension, the 19 weeks of the child’s birth and care allowance are articulated as follows:
The childbirth and care allowance is increased by one week, to a total of 17 weeks, of equal duration and non-transferable between both parents, and 28 in the case of single-parent families, during the first 12 months of the baby, or, in the case of adoption, foster care or foster care in the first year, starting from the judicial or administrative decision; in weekly periods or cumulatively.
As established by law, it remains mandatory for the first 6 weeks to be enjoyed uninterrupted full-time and immediately after birth or adoption, foster care or foster care. These changes take effect immediately.
In addition, families will also be able to enjoy two additional weeks of childcare leave, four in the case of single parents, flexibly until the child reaches the age of 8. Families whose children were born on or after 2 August 2024 may be retroactively accommodated. This right may be requested from 1 January 2026.
These measures complete the transposition of the Conciliation Directive adopted in 2019.
Individual and non-transferable right
The childbirth and childcare benefit is an individual right of the working person and not transferable to the other parent and replaced in 2021 the old maternity and paternity benefits and equated them.
Spain has become an international reference in conciliation and co-responsibility policies linked to birth and care permits and their coverage by Social Security.
In 2019, the progressive equalization of parental leave was approved based on three principles: equality, non-transferability and 100% remuneration. In that exercise, paternity leave went from 5 to 8 weeks; and in 2020, to 12. In 2021 the total equalization entered into force and the permit became 16 weeks, six of which must be enjoyed immediately after childbirth or judicial or administrative resolution in cases of adoption, custody or fostering. The rest of the time can be arranged in successive periods before the baby turns one year old.
The extension and equalization of this permit has allowed the exercise of this right to be generalized among male parents in terms equivalent to mothers (in the first half of this year, women have enjoyed an average of 112 days of leave, while men, of 109 days), which has a very positive impact on co-responsibility: more hours of childcare, greater attachment between parents and children, thus less job discrimination against women, while increasing their participation in employment and favoring the reduction of the gender gap, according to the academic literature.
Amount and application
The amount of these benefits is equivalent to 100 per 100 of the regulatory basis and is paid directly by the INSS during the weeks of the permit.
The National Institute of Social Security offers the possibility of applying for the birth benefit telematically, through the portal Tu Seguridad Social (https://sede.seg-social.gob.es/) and in https://prestaciones.seg-social.es/servicio/prestacion-nacimiento-adopcion-cuidado-menor.html?categoria=nacimiento-adopcion-embarazo
Successive rest periods may also be requested electronically for the birth or care of the child, if the parents choose to divide the period.