Spain completes the transposition of Directive (EU) 2019/1158 and consolidates its co-responsibility model in care.
As a reminder, on July 30, 2025, Royal Decree-Law 9/2025 came into force, which extends the birth and childcare leave, thus modifying the Workers' Statute, the Basic Statute of Public Employees and the General Social Security Law.
With this regulation, Spain completes the transposition of Directive (EU) 2019/1158, relating to the reconciliation of work and family life for parents and carers, and thus avoids a sanction from the Court of Justice of the European Union resulting from the infringement procedure initiated by the Commission.
The measure, which has profound social relevance, equalizes women and men in the enjoyment of parental leave and reinforces the principle of co-responsibility in care, one of the cornerstones of Spanish labor policy in recent years.
European context and the need for reform.
Directive (EU) 2019/1158 established the obligation for all Member States to recognize a paid parental leave of at least eight weeks, non-transferable and with guarantees of maintaining the employment relationship and income. Spain had already made progress with Royal Decree-Law 6/2019, which equalized parental leave for both parents, and subsequently with Royal Decree-Law 5/2023, which introduced an eight-week parental leave, albeit unpaid.
However, the European Commission considered the transposition incomplete and opened infringement proceedings against Spain, which culminated in a lawsuit before the CJEU in February 2024. Hence the extraordinary and urgent need alleged in the explanatory memorandum of the new Royal Decree-Law 9/2025, issued under Article 86 of the Constitution.
Extension of the birth and care leave (art. 48 ET).
The main change introduced by the Royal Decree-Law lies in the modification of Article 48, sections 4 and 5, of the Workers' Statute. From its entry into force, the leave for birth, adoption, guardianship for adoption purposes, or foster care will increase from sixteen to nineteen weeks for each parent, maintaining its individual, equal, and non-transferable nature.
Of those nineteen weeks:
- Six are mandatory and must be taken immediately after childbirth or a court order, on a full-time basis.
- Eleven weeks are for flexible enjoyment (accumulated or interrupted) until the child turns twelve months old.
- Two additional weeks are recognized as parental care leave, which can be taken until the child turns eight.
The new design also introduces greater flexibility: voluntary weeks can be taken full-time or part-time, subject to prior agreement with the company and with a minimum of fifteen days' notice.
In cases of single-parent families, Article 48 of the Workers' Statute extends the leave to thirty-two weeks, of which four are reserved as additional weeks for parental care. This fulfills the requirements of Constitutional Court Ruling 140/2024, of November 6, which recognized the need to equalize the protection of minors in single-parent families with that of two-parent families.
Reform of the Basic Statute of Public Employees (art. 49 EBEP).
Article 2 of Royal Decree-Law 9/2025 incorporates parallel modifications in Article 49 of the EBEP, extending the same scheme of nineteen weeks (or thirty-two in single-parent families) to public employees.
The distribution of mandatory and voluntary weeks, part-time leave, and the possibility of postponement due to service needs are regulated in detail. Furthermore, the eight-week parental leave provided for in section g) of the same article is maintained, expressly clarifying its unpaid nature.
A relevant new feature is the harmonization of terminology: the EBEP now refers to "birth and care leave" instead of separate maternity and paternity leave, thus consolidating the principle of formal equality in the public service.
Retroactive application and entry into force.
The sole transitional provision provides for the retroactive application of the two additional weeks for parental care to the events giving rise to the benefit occurring from August 2, 2024, although the effective enjoyment and the application for the benefit may be made from January 1, 2026.
The regulation came into force on July 30, 2025, the day after its publication in the BOE, and expressly states in its second final provision that it completes the transposition of Directive (EU) 2019/1158.
Adaptation of the General Social Security Law.
Article three of the Royal Decree-Law modifies several provisions of the Consolidated Text of the General Social Security Law (Royal Legislative Decree 8/2015).
The new Article 178.4 requires that the worker be registered or in a situation equivalent to registration at the start of each leave period. Likewise, Article 179 is amended to extend the coverage of the birth and childcare allowance to the new regulations.
The benefit maintains a coverage level of 100% of the regulatory base, reinforcing the idea that co-responsibility cannot imply a loss of income.
Consolidation of the Spanish co-responsibility model.
Royal Decree-Law 9/2025 consolidates the Spanish model of equal and paid parental leave. With the extension to nineteen weeks, Spain not only complies with EU requirements but also exceeds international recommendations, such as ILO Recommendation 191, which suggests maternity leave of at least eighteen weeks.
From a practical standpoint, the reform requires companies and public administrations to adapt their internal policies and absence management systems, which will entail adjustments to collective bargaining agreements and labor negotiations. However, clarity in the structure of the leave and harmonization between the public and private sectors will facilitate its implementation.
In short, Royal Decree-Law 9/2025 culminates a process initiated in 2019, closing the regulatory circle that places Spain among the European countries with the most comprehensive coverage in terms of co-responsibility and work-life balance, and proposes a commitment by the government to extend these leave periods to up to twenty weeks in the future.
Maite Requena Boils
Work Area Collaborator
