Who Can Apply for Paternity Leave?

Paternity leave is available to a wide range of workers in Spain, including both employed and self-employed individuals. However, certain conditions must be met to qualify:

• For Full-time and Part-time Employees: You must have contributed to Spain's Social Security for at least 180 days in the last seven years or 360 days over your entire working life. Additional details are outlined by Seguridad Social.
• For Freelancers (Self-Employed): Freelancers are also eligible, but their benefits are calculated based on their social security contributions over the previous six months. You can check how these benefits are calculated on the Self-Employed Paternity Benefits section of the official website.

Eligibility for Special Cases:

Different situations may impact eligibility for paternity leave, and Spain’s policies have accounted for this:

• Adoption and Foster Care: If you’re adopting or fostering a child for more than a year, the paternity leave benefits remain the same as for biological parents.
• Same-Sex Couples: Both parents in same-sex couples are entitled to paternity leave if they’ve legally adopted the child, furthering Spain's commitment to equality.
• Expats and Remote Workers: If you're an expat or working remotely for a Spanish company, you are still eligible as long as you’re registered with Spain’s Social Security system. More details can be found on the European Commission’s website.
• Multiple Births or Adoptions: For those who have multiple births (e.g., twins) or adopt more than one child simultaneously, additional benefits and extended leave periods are granted.
• Part-time Employees: Part-time workers are eligible for paternity leave, but their wage compensation is calculated based on their working hours and contributions.
• Temporary Employment Contracts: Employees on temporary contracts are eligible for paternity leave as long as they meet the contribution requirements. If their contract expires during the leave, they still receive full paternity benefits, with the option to transition to unemployment benefits afterwards.
• Unemployed Workers: If you are currently receiving unemployment benefits, your paternity leave payments will temporarily replace your unemployment allowance. Once your paternity leave ends, you can resume receiving unemployment benefits.

Once you’ve determined that you qualify for paternity leave, the next step is to apply. Spain offers several methods for submitting your application.

Online Application (with Digital Certificate or Cl@ve account):

Online Application (without Digital Certificate):

If you don’t have a digital certificate or Cl@ve account, you can still apply online using a form created during the COVID-19 pandemic. Follow these steps:

Mail-in Application:

Prefer paper applications? Here’s what you need to do:

In-Person Application:

To apply in person, here’s what to do:

Regardless of the application method, make sure you have the following documents ready:

How Long Does the Application Process Take?

Once you’ve submitted your application, the processing time generally ranges between 10 to 30 days. This time may vary depending on the completeness of your application and the workload at your local Social Security office.

After your application is processed, you’ll receive official confirmation of your approved paternity leave dates.

How Are Benefits Paid?

• 100% Wage Compensation: During paternity leave, your salary is covered in full based on your regulatory base, similar to temporary disability benefits.
• Payment Method: Payments are deposited directly into your bank account by the National Social Security Institute (INSS).

Flexibility of Leave

While the first six weeks must be taken consecutively following the birth, the remaining 10 weeks can be taken in separate blocks during the child’s first year. This allows you to divide your leave to suit family needs.

• Multiple Births or Adoptions: You’ll receive an extra two weeks of leave for each additional child born or adopted.
• Unemployed Workers: If you’re receiving unemployment benefits, paternity leave payments will replace these for the duration of the leave.
• Temporary Employment Contracts: Even if your contract expires during your leave, you’re still entitled to the full 16 weeks of benefits.

When applying for paternity leave in Spain, it’s important to be aware of common mistakes that can delay your application or result in a rejection. Here are some key points to keep in mind:

To help streamline the application process for paternity leave in Spain, we’ve compiled a list of helpful resources. These links will take you directly to official forms, guidelines, and additional information from Seguridad Social and other relevant government sites.