How long the leave lasts in 2026
Birth, adoption or foster care leave is 19 weeks per parent in two-parent families, according to Royal Decree-Law 9/2025. This is three weeks more than the 16 that had applied since 2021, and the extension applies in full from the start of 2026.
The 19 weeks are paid at 100% of the regulatory base, meaning you receive the same amount as if you were working. It is not partial or half-paid leave.
How the weeks are distributed
The leave is not taken all at once. It is structured in three blocks with different rules for taking it, and understanding them is what allows you to plan work-life balance without losing days.
Key points
- 6 mandatory weeks: taken uninterrupted and full-time immediately after birth
- 11 flexible weeks: to be taken during the child's first year, continuously or in parts
- 2 additional weeks of care: paid, for the care of the child
Single-parent families
Single-parent families can add the leave that would correspond to the other parent, which significantly increases the total available. Instead of the 2 additional weeks, in these cases 4 are recognised.
This accumulation has led to recent regulatory changes and court rulings, so it is advisable to confirm the specific case with Social Security before planning the schedule.
Who pays for the leave
It is paid by Social Security, not the company, through a contributory benefit. The worker receives 100% of their regulatory base for the duration of the leave, and the company stops paying contributions for that period but does not advance the salary.
The process is initiated by the worker or the company itself, by submitting the application to the INSS. The prior contribution requirement varies depending on age and situation, although for most employed workers it is met normally.
What it means for the company
For the business, the leave means covering an absence of up to 19 weeks. The good news is that it does not involve a direct salary cost, as Social Security pays it, but it does require reorganising the team or bringing in a replacement.
Planning cover in advance, communicating the leave schedule and keeping contributions up to date are the three keys to ensuring the leave does not become an operational problem. A labour adviser usually handles the paperwork and the replacement's payroll.
