Maternity and paternity leave They extended its duration from 16 to 17 weeks And … up to 32 weeks in the case of single-parent families. Furthermore, Parental leave to care for a minor until they reach the age of eight is also extended. The first part of the rule, that of birth permits, already applies to children born after July 30. The second part of the rule, that of child custody, is the one for which certain parents can request to be recognized from the start of the new year since it has a retroactive effect.
What does childcare leave consist of for a child under eight years old?
Until now, those who had children under the age of eight had a permit eight weeks for unpaid care. This remains unchanged.
With the arrival of the new year, They will be able to benefit from two additional weeks to care for a child under eight years old. and, in this case, these two new weeks yes, they will be compensated. For single-parent families, the deadline is four weeks. Indeed, Spain must comply with the European conciliation directive.
Those who had children born between August 2, 2024 and July 30, 2025 They will be able to request their paid weeks from January 1, 2026. As Moncloa explains, employees, self-employed workers or civil servants registered or assimilated to registered status, have contributed for a minimum period and whose children were born on these dates can benefit from this permit. On the other hand, these two weeks can be distributed flexibly until the child reaches the age of eight.
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Employees, self-employed workers or public officials who are registered or assimilated for registration and have contributed for a minimum period can benefit from this authorization.
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That the children were born between August 2, 2024 and July 30, 2025
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They can be distributed flexibly until the child reaches the age of eight.
It must be taken into account that The rule establishes that it is a retroactive measure and therefore parents of children born between these mentioned dates can request recognition of this deadline from January 1.
The entry of the law into the BOE took place on July 30, 2025, so parents of children born from July 31 of this year should not take any additional steps since they already have this right, beyond informing their company when they wish to apply it within the established deadlines.
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Born from July 31, 2025: six weeks compulsory, 11 additional weeks of rest per weekly period during the first year (22 weeks in single-parent families) and 2 weeks per weekly period until the age of 8 (4 weeks in single-parent families)
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Born between August 2, 2024 and July 30, 2025: six compulsory weeks, an additional rest of 10 weeks in weekly periods during the child’s first year (20 in a single-parent family) and from January 1, 2026, voluntary rest will be extended by an additional 2 weeks in weekly periods, until the child is 8 years old (4 in a single-parent family).
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Born before August 2, 2024: six mandatory weeks plus an additional break of 10 weeks in weekly periods during the first year (20 weeks in single-parent families)
How to request an extension of the two weeks of paid leave
During these days, Social Security is carrying out an information campaign aimed at those who can extend their weeks of leave, since this was not in force at the time of the birth of their children. HE It is estimated that 365,747 parents can benefit from this measure.
The National Social Security Institute sends emails and SMS to inform you about how to request birth leave. Likewise, a portal has been activated with information and through which management can be carried out from January 1.
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Communicate your intention to apply for new periods of birth and childcare benefits at least 15 days in advance so that the company can issue and send the required certificate.
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Go to the Benefits Portal and submit your request at a later time. This procedure is individual for each parent and can be requested up to 15 days in advance.
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Download the registration receipt. Check your email and add the sender to your contact list for future notifications
🗓️ Remember that birth and childcare leave has been extended to 19 weeks.
👉Retroactively to people born since 02/08/24.
8️⃣ Until the minor reaches the age of 8. pic.twitter.com/bvox6uAsuq
— Ministry of Inclusion Social Security Migration (@inclusiongob) December 5, 2025
Social Security also reminds that this process must be carried out if the six weeks have already been taken as part of the compulsory six-week rest period after the birth, adoption or placement of a minor.