Good to know · Family
Having a baby while working: birth and childcare leave (nacimiento y cuidado de menor)
Spain’s leave and benefit for a new baby is called nacimiento y cuidado de menor. Each parent has their own leave, and the INSS pays a benefit during it. Per the Seguridad Social, the general rule is 17 weeks in the baby’s first year plus 2 additional weeks that can be used until the child turns 8, with the first 6 weeks taken full time right after the birth. This card describes the process; it does not say whether you qualify.
- Why it matters
- Many Americans are used to unpaid or employer-set leave. In Spain the leave is individual to each parent and paid by the Social Security at 100% of a contribution base, but you apply for it yourself and the contribution requirements and deadlines are worth knowing before the birth.
- When
- You are expecting a baby, or have just had one, adopted, or taken a child into foster care, and you are working in Spain.
- How long it takes
- Leave starts at the birth (up to 4 weeks earlier for the birth mother). Additional 2 weeks until the child turns 8; requests for them from 1 January 2026.
- Official page
- Nacimiento y cuidado de menor: requisitos
- Last checked
- 25 Oct 2026
In the guide: the 6 steps, what to bring (5 items), the 2 offices with addresses and hours, and 4 Easy to miss lines, with every official source.
One Easy to miss, on us
The Seguridad Social page says you cannot return to work before six uninterrupted weeks after the birth.