Duration

From  31/07/2025, the duration of the benefit for both parents, adoptive parents, guardians or foster parents will be nineteen weeks, which in the case of single parenthood (due to there being only one parent, adoptive parent, guardian or foster parent) will be thirty-two weeks. 

These weeks shall be distributed for each of the parents, adopters, guardians or foster carers as follows:

1. Six uninterrupted weeks immediately following childbirth, the court decision establishing the adoption or the administrative decision on guardianship for the purpose of adoption or foster care. These weeks are compulsory and must be taken on a full-time basis.
2. Eleven weeks – or twenty-two in the case of single parenthood – which may be distributed at the worker's discretion, in weekly periods to be taken cumulatively or interrupted and exercised:
   • In the case of childbirth, from the end of the compulsory suspension following childbirth until the child reaches the age of 12 months. However, the biological mother (including trans pregnant persons) may bring forward their exercise of rights up to four weeks before the expected date of birth.
   • In cases of adoption, guardianship for the purpose of adoption or foster care, within twelve months of the judicial decision establishing the adoption or the administrative decision of guardianship for the purpose of adoption or foster care.
     

3. Two weeks – or four in the case of single parenthood – for the care of the child, which may be distributed at the discretion of the worker, in weekly periods, accumulated or interrupted, until the child reaches the age of eight.

   The entitlement to these weeks shall apply to births, adoptions, foster care or adoptive placements occurring on or after 2 August 2024, and may be applied for as from 1 January 2026.

Rules common to births, adoptions, guardianships for the purpose of adoption and foster care:

1. With regard to the last thirteen weeks – or twenty-six in cases of single parenthood – (non-compulsory):
   • They may be taken on a full-time or part-time basis, subject to agreement between the company and the employee.
   • The employee must give the company at least fifteen days' notice of the exercise of this right.
   • When both parents, adoptive parents, guardians or foster parents exercising this right work for the same company, the company management may limit the simultaneous exercise of this right for justified and objective reasons, duly motivated in writing.
     

2. In the event of the death of a son, daughter or minor, the period of suspension shall not be reduced unless a request is made to return to work after the six weeks of compulsory leave.

3. In the event of the death of one of the parents, adoptive parents, guardians for the purpose of adoption or foster parents, the other person may take all or, as the case may be, the remaining part of the leave.

4. Extensions of the benefit duration:

   • 1 week for each parent, adopter, guardian or foster carer, for each child, from the second child onwards, in the case of birth, adoption, fostering for adoption or multiple fostering.

   • 1 week for each parent, adopter, guardian or foster carer, in case of disability of the child.
     

If there is only one parent, adopter, guardian or foster carer, they can benefit from the full extensions.

Specific rules:

• In cases of premature birth with low birth weight and in those cases in which the newborn baby must remain hospitalised after birth for a period of more than seven days, the period of suspension and the benefit may be extended by as many days as the baby is hospitalised, up to a maximum of thirteen additional weeks. In such cases, the period of suspension may be calculated, at the request of the biological mother or the other parent, from the time of discharge from hospital. The six weeks of compulsory leave are excluded from this calculation.
• In cases of international adoption, when the prior travel of the parents to the country of the adoptee is necessary, the period of suspension may begin up to 4weeks before the decision establishing the adoption.
• In cases of adoption, guardianship for the purpose of adoption or foster care, in no case shall the same child entitle the same worker to several periods of suspension.

Pursuant to Article 49(a), (b) and (c) of the EBEP, the duration of leave for birth, adoption, guardianship for the purpose of adoption or foster care shall be nineteen weeks, which in the case of single parenthood (where there is only one parent, adopter, guardian or foster carer) shall be thirty-two weeks.

They shall be distributed as follows for each of the parents, adopters, guardians or foster carers:

1. Six uninterrupted weeks immediately following childbirth, the judicial decision establishing the adoption or the administrative decision on guardianship for the purpose of adoption or temporary or permanent foster care. These weeks are compulsory and must be taken on a full-time basis.
2. Eleven weeks – or twenty-two in the case of single parenthood – which may be distributed at the discretion of the parent, adopter, guardian or foster carer, in weekly periods to be taken in accumulated or interrupted form and exercised:
   • In the case of childbirth, from the end of the compulsory post-natal leave until the child reaches the age of 12 months.
   • In cases of adoption, guardianship for the purpose of adoption or foster care, within twelve months of the judicial decision establishing the adoption or the administrative decision of guardianship for the purpose of adoption or foster care.
     
3. Two weeks – or four in the case of single parenthood – for the care of the child, which may be distributed at the discretion of the worker, in weekly periods, accumulated or interrupted, until the child reaches the age of eight. The entitlement to these weeks shall apply to births, adoptions, foster care or adoptive placements occurring on or after 2 August 2024, and may be applied for as from 1 January 2026.

For the purposes of the above paragraphs, the term biological mother also includes trans pregnant persons.

Rules common to births, adoptions, guardianships for the purpose of adoption and foster care:

1. With regard to the last thirteen weeks – or twenty-six in cases of single parenthood – (non-compulsory):
   • They may be taken on a full-time or part-time basis.
   • In the case of interrupted leave, at least fifteen days' notice shall be given for each period of leave and shall be taken in whole weeks.
     
2. In the event of the death of a son, daughter or child, the period of leave shall not be reduced unless a return to work is requested at the end of the six weeks of compulsory leave.
3. Extensions of the benefit duration:
   • 1 week for each parent, adopter, guardian or foster carer, for each child, from the second child onwards, in the case of birth, adoption, fostering for adoption or multiple fostering.
   • 1 week for each parent, adopter, guardian or foster carer, in case of disability of the child.
     

Specific rules:

• Childbirth:
  • 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 biological mother or of the parent other than the biological mother, the other parent may use the whole or, as the case may be, the remaining part of the leave.

• In cases of international adoption, the employee shall also be entitled to up to two months' leave, during which time they shall receive only basic pay. In turn, adoption, guardianship or foster care leave may be taken up to four weeks before the judicial decision establishing the adoption or the administrative decision on foster care.
• In cases of adoption, guardianship for the purpose of adoption or foster care, in no case shall the same child entitle the same worker to several periods of leave.