From 01/01/2021 , the duration of the benefit for both parents, adoptive parents, guardians or foster parents will be 16 weeks and the following rules will be taken into account: 

In the case of childbirth

1. Biological mother:

Will enjoy a total leave period of16 weeks, with the following distribution: 

• 6 mandatory weeks, full and uninterrupted days , taking effect immediately after the birth.

• 10 weeks, full or half days:

• Continuing on from the mandatory period.
• Interrupted, in which case it must be in weekly periods (cumulative or independent) from the end of the mandatory 6 weeks until the child reaches 12 months of age.
• The enjoyment of each weekly period or accumulation of periods must be  communicated by the interested party to the company at least 15 days in advance.
• The full-time or part-time enjoyment of this period will require an agreement between the company and the worker.

The possibility remains for the biological mother to bring the start of the benefit forward by up to 4 weeks prior to the due date.

In the event of the death of the child, the period of leave will not be reduced, unless she returns to work after the mandatory 6 weeks leave.

2. The other parent (other than the biological mother):

Will enjoy a total leave period of 16 weeks, with the following distribution:

• 6 weeks, mandatory, uninterrupted and full  days, taking effect immediately after the birth.

• 10 voluntary weeks , full or half days:

  • Continuing on from the mandatory period.
  • Interrupted, in weekly periods (cumulative or independent) from the end of the mandatory 6 weeks until the child reaches 12 months of age.
  • The enjoyment of each weekly period or accumulation of periods must be  communicated by the interested party to the company at least 15 days in advance.
  • The full-time or part-time enjoyment of this period will require an agreement between the company and the worker.

In the event of the death of the child, the period of leave will not be reduced, unless she returns to work after the mandatory 6 weeks leave.

3. Extensions in the duration of the benefit shared by both parents:

• 1 week for each parent for each child after the second, in the case of multiple births.
• 1 week for each parent  in the case of  a child with a disability.

In the case of premature birth and those cases in which the newborn must remain in hospital after birth for a period of more than seven days, the benefit may be extended for as many days as the baby is hospitalised, for a maximum of thirteen additional weeks. This extension can be enjoyed by each of the parents from the time of discharge from hospital. Mandatory leave weeks are not included.


In the case of adoption, guardianship for adoption or foster care:


Each adopter, guardian or foster carer shall have a total leave period of 16 weeks, with the following distribution:  

• 6 uninterrupted weeks, mandatory and to be taken on a full-time basis  immediately after the judicial decision establishing the adoption or the administrative decision of guardianship for the purpose of adoption or foster care.

• 10 voluntary weeks, full or half days:

  • Continuing on from the mandatory period.

  • On an interrupted basis, in weekly periods (cumulative or independent) from the end of the mandatory 6 weeks, within 12 months of the court decision or administrative decision.
    

  • The enjoyment of each weekly period or accumulation of periods must be  communicated by the interested party to the company at least 15 days in advance.
    

  •  The full-time or part-time enjoyment of this period will require an agreement between the company and the worker.         

In cases of international adoption, when the parents are required to travel to the country of the adopted child, the suspension period can begin up to 4 weeks before the decision formalising the adoption.

Extensions in the benefit duration

• 1 week for each parent for each child after the second, in the case of multiple adoptions.
• 1 week for each parent  in the case of  a child with a disability.

In the event of a single-parent family, in the case of childbirth, adoption or multiple fostering or of a disabled child or minor, the right to the additional period of two weeks is maintained in favour of the only existing parent.

There has been an amendment to Art. 7 of the EBEP. From the entry into force of this Royal Decree-law, in matters of permits for birth, adoption by the parent other than the biological mother  and breastfeeding, staff at the service of the public Administrations shall be governed by the provisions of the EBEP.

Article 49 (a), (b), (c) and (d) have been amended, replacing the current maternity and paternity leave with: birth leave for the biological mother; leave for adoption, foster care for the purpose of adoption or foster care; and birth leave, leave for adoption, foster care for the purpose of adoption and foster care for the parent other than the biological mother for birth. 

1. Maternity leave for biological mother.

   The leave will have a duration of 16 weeks with the following distribution:

   • 6 weeks, mandatory, uninterrupted, full days , taking effect immediately after the birth.

   • For the remaining 10 weeks, at full or part time.

     • Continuing on from the mandatory period.

     • Interrupted, only in the case of two working parents, in which case it must be in weekly periods (cumulative or independent) from the end of the mandatory 6 weeks until the child reaches 12 months of age. 
       

   Extensions of the benefit duration for the biological mother:

   • 1 week more for each child after the second, in the case of multiple births.
   • 1 week for each disabled child.
   • In the case of premature birth and those cases in which the newborn must remain in hospital after birth, the benefit may be extended for as many days as the baby is hospitalised, for a maximum of thirteen additional weeks.

   In the event of the mother's death, the other parent may make use of all or part of that leave.

   In the event of the death of the child, the period of leave will not be reduced, unless, at the end of the six mandatory weeks leave, a request is made to return to work.

   Maternity leave given by the mother to the other parent is removed, as well as the possibility of starting to receive the benefit before the due date.

   
   

2. Leave for adoption, guardianship for the purpose of adoption or foster care for a parent:

   Will have a duration of 16 weeks for each parent.

   These 16 weeks will be distributed in following way:

   • 6 weeks mandatory, uninterrupted and to be enjoyed full time  immediately after the judicial decision constituting the adoption or the administrative decision of guardianship for the purpose of adoption or foster care.
   • For the remaining 10 weeks, at full or part time, to be enjoyed:
   • Continuing on from the mandatory period.
   • On an interrupted basis, only if both parents work, in which case, in which case, it must be in weekly periods (accumulated or independent) from the end of the compulsory 6 weeks until the end of the twelve months following the judicial decision establishing the adoption or the administrative decision of guardianship for the purpose of adoption or foster care.

   Extensions of the benefit duration:

   • 1 week for each parent for each child after the second, in the case of multiple adoptions, guardianships or foster care.
   • 1 week for each parent  for each disabled child.
     
   International adoption, where previous travel to the country of the adoptee is necessary
   

   The adoptive parent will have the right to:

   • A leave period of up to two months' duration at the expense of the company with basic remuneration.
   • To start leave for adoption, guardianship or foster care, up to 4 weeks before the judicial decision or administrative decision.

   
   

3. Leave of the parent other than the biological mother  for birth, guardianship for the purpose of adoption, foster care or adoption of a child

   In the case of childbirth:

   The leave will have a duration of 16 weeks, with the following distribution:

   • 6 weeks shall be immediately after the date of the birth which shall be compulsory, uninterrupted and full-time leave.
   • The remaining 10 weeks, at full or part time, to be enjoyed:
     • Continuing on from the mandatory period.
     • Interrupted, only in the case of two working parents, in which case it must be in weekly periods (cumulative or independent) from the end of the mandatory 6 weeks of the mother, until the child reaches 12 months of age. For each interrupted period enjoyed, at least 15 days' notice is required. 

   If you choose to take the non-mandatory part of this leave after week 16 of the childbirth leave and the parent on childbirth leave has requested accrual of breastfeeding time in full days, the non-mandatory  part may be taken  when the latter period ends.
   

   Extensions of the benefit duration:

   • 1 week for each child after the second, in the case of multiple births.
   • 1 week in the case of  the birth of a child with a disability, for each disabled child.
   • In the case of a single-parent family, in the event of multiple births or of a disabled child or minor, the right to the additional period of two weeks is maintained in favour of the sole existing parent. 

   In the case of premature birth and those cases in which the newborn must remain in hospital after birth, the benefit may be extended for as many days as the baby is hospitalised, for a maximum of thirteen additional weeks.

   In the event of the death of the child, the period of leave will not be reduced, unless, at the end of the six mandatory weeks leave, a request is made to return to work.
   

   In the case of adoption, guardianship for adoption or foster care.

   The leave will have a duration of 16 weeks, with the following distribution:

   •  6 weeks shall be taken immediately after the causative event which shall be compulsory, uninterrupted and full-time leave.

   • The remaining 10 weeks, at full or part time, to be enjoyed voluntarily :

   • Continuing on from the mandatory period.
   • On an interrupted basis, only in cases where both parents work, in which case, it must be in weekly periods (accumulated or independent) from the end of the mandatory 6 weeks or when the leave for adoption, foster care or adoption ends, until 12 months from the date of the judicial decision establishing the adoption or the administrative decision of foster care or adoption.

   Extensions of the benefit duration:

   • 1 week for each child after the second, in the case of multiple adoptions, guardianships or fostering.
   • 1 week in the case of  adopting or fostering a child with a disability, for each disabled child.
   • In the event of a single-parent family, in the case of multiple adoption or fostering of a disabled child or minor, the right to the additional period of two weeks is maintained in favour of the sole existing parent.