For HR teams in multinational corporations, understanding and complying with Spain’s
maternity and paternity leave laws is not just a legal requirement—it’s a strategic move.
These policies rank among the most generous in Europe. They provide substantial support to
new parents, improving employee satisfaction and strengthening your company’s employer
brand, especially in a competitive global market.
Understanding the Unified Birth and Care of a Minor Benefit
In 2019, Spain introduced the Royal Decree-Law 6/2019. This law combined maternity and
paternity benefits into one, known as Birth and Care of a Minor. The goal was to ensure
equal treatment and opportunities for men and women in the workplace.
Key Components of the Benefit
Protected Situations: The Birth and Care of a Minor benefit covers various
situations, including the birth of a child, adoption, custody for adoption, and foster care.
It ensures that both mothers and fathers receive support during these significant life
events.
Eligibility: Both employed and self-employed workers qualify. Workers must
register with Spain’s Social Security system. The required contribution periods vary based
on age. Workers under 21 years old face no contribution period requirement. Older workers
must meet specific contribution requirements.
Duration of Leave: The leave duration matches the rest periods or leave
taken, as outlined in the Workers' Statute and the
Basic Statute of Public Employees
(EBEP).For childbirth, leave can start on the delivery date or earlier, depending on
the mother's choice.
Economic Benefit: The benefit provides a subsidy equivalent to 100% of the
regulatory base. This subsidy ensures full financial support during the leave period.
Special provisions exist for multiple births or adoptions, offering additional subsidies.
Management and Payment: The National Social Security Institute (INSS)
manages the benefit and pays workers electronically, ensuring efficiency and security.