However, in this article we will focus on a particular amendment to the Workers’ Statute, the introduction of the following changes to paragraphs 4 and 5 of Article 48 of the Workers’ Statute:
- Extension of paid leave for birth, adoption, guardianship or foster care of a child from 16 weeks to 19 weeks. During this leave, the employment relationship is suspended as follows:
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- The first six weeks must be taken immediately after the birth, the court decision on adoption or the administrative decision on guardianship or foster care of the respective child on a full-time basis and without interruptions.
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- 11 weeks may be taken by the employee at their own discretion, either as individual weeks or all weeks at once, from the end of the above-mentioned mandatory suspension until the child reaches the age of 12 months or within 12 months of the court or administrative decision. These 11 weeks may be taken on a full-time or part-time basis, provided that the employee notifies the employer at least 15 days in advance. These weeks may not be transferred to the other parent.
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- The two remaining weeks may be taken, at the employee’s discretion, either as individual weeks or all weeks at once, until the child reaches the age of eight years. As in the case of the 11 weeks, they may be taken either on a full-time or part-time basis, and the employee must notify the employer at least 15 days in advance. These weeks cannot be transferred to the other parent either.
2. Single parents – be they biological, adoptive or foster parents – are entitled to 32 weeks of leave. During this leave, the employment relationship is suspended as follows:
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- For single parents, the first six weeks must also be taken immediately after the birth, court decision on adoption or the administrative decision on guardianship or foster care of the respective child, on a full-time basis and without interruptions.
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- However, with regard to the discretionary weeks, single parents are entitled to 22 weeks, which they can take as they require, either as individual weeks or all weeks at once from the end of the above-mentioned mandatory suspension until the child reaches the age of 12 months or within 12 months of the court or administrative decision. These 22 weeks may be taken on a full-time or part-time basis, provided that the employee notifies the employer at least 15 days in advance.
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- The four remaining weeks may, as in the case of non-single parents, be taken at the employee’s discretion, either as individual weeks or at once, until the child reaches the age of eight years. They may also be taken on a full-time or part-time basis and the employee must notify the employer at least 15 days in advance.
In accordance with the sole transitional provision of Royal Decree-Law 9/2025 regarding the two remaining weeks (or four remaining weeks in the case of single parents), this suspension of the employment contract for childcare applies to events giving rise to a right to such suspension – i.e. birth, adoption, guardianship or foster care of a child – which occurred on or after 2 August 2024. These weeks and the corresponding monetary benefits may be requested from 1 January 2026 and do not require re-recognition of the entitlement, as the provisions on voluntary leave (descanso voluntario) for birth and childcare apply.
These two or four weeks clearly do not affect the eight weeks of parental leave (permiso parental) regulated in Article 48 bis of the Workers’ Statute, which remains unchanged. As before, these eight weeks of parental leave are unpaid.