Spain: extension of paternity leave to 12 weeks comes into effect

Spain’s new paternity leave provisions took effect on 1 January 2020. With the application of the decree-law containing urgent measures to guarantee equal treatment and equal opportunities for men and women at work, which was enacted in March (see article n°11030), second parents are now entitled to an extended period of leave of 12 weeks, up from 8, following the birth of a child. Under the decree, the second parent will be obliged to take four weeks of leave in a row following the birth. The remaining eight weeks of leave may be taken during the child’s first year of life and the mother can grant two weeks of their maternity leave to the second parent. In the case of a child being adopted or taken in, each parent will be entitled to six weeks of leave immediately following the arrival of the child. Couples are also granted a further 16 weeks of leave, to be shared between them during the child’s first year of life. These should be divided as equally as possible, with no more than 10 taken by one of the two parents. From 2021, parental leave will be 16 weeks for each parent, without the possibility of leave being transferred between them.