Maternity and parental leave benefits management in Spain
Managing maternity and parental leave benefits in a company in Spain is important. The legislation regarding this type of leave varies regularly and also includes different mandatory implications for the company.
At Asesoría Orihuela Costa we advise you about the necessary procedures for maternity benefits , as well as the obligations for your company in these types of cases.
What are maternity and parental leave benefits?
In Spain, maternity and parental leave benefits are financial assistance granted by the Social Security to guarantee the protection of workers during periods when they cease or reduce their work activity to care for their newborn or adopted children.
- Maternity leave : Until a few years ago, the biological mother was entitled to a 16-week leave period (extendable in cases of multiple births, adoption or fostering of more than one child). During this time, she was paid an allowance equivalent to 100% of the regulatory base of her salary, provided she met certain prior contribution requirements. From 2019, this leave began to be equated with paternity leave, under the concept of “leave for the birth and care of a child”.
- Paternity leave in Spain: Initially, paternity leave was significantly shorter than maternity leave. However, with the reforms, Spain has moved towards equal leave. Since 2021, both parents are entitled to 16 weeks of leave, with the first 6 weeks being compulsory and taken at the same time after the birth or adoption.
Both benefits aim to promote co-responsibility in childcare and to favour the reconciliation of work and family life. Furthermore, the new reforms seek to eliminate possible gender-based discrimination in the workplace and to promote an equitable distribution of family responsibilities.
The responsibilities of a company in the event of maternity leave or parental leave in Spain
Companies in Spain have a number of responsibilities and obligations when one of their employees applies for maternity or paternity leave:
- Guarantee the right to leave: Companies must respect and guarantee the worker’s right to enjoy the period established for maternity or parental leave. During this time, the worker is protected against dismissal.
- Maintenance of working conditions: At the end of the leave, the worker must return to his or her job under the same conditions as before the start of the leave. In other words, there can be no detriment in terms of salary, professional category, working day or any other aspect of employment.
- Social Security contributions: Although the worker is on leave, the company is obliged to continue to pay Social Security contributions for him/her.
- Right to adapt the working day: Once the leave is over, and until the child is 12 years old, the worker has the right to request the adaptation and/or reduction of the working day, in order to reconcile work and family life.
- Confidentiality: The company must respect the worker’s privacy, avoiding disclosing unnecessary or sensitive details related to his or her personal or family situation.
- Non-discrimination: It is prohibited to discriminate against or in any way disadvantage a worker because he or she has exercised his or her right to maternity or parental leave. This includes decisions related to promotions, training, transfers or any other aspect of employment.
Companies must be informed and act in accordance with the legislation in this area, ensuring that workers’ rights are respected and that an appropriate and fair working environment is provided for all.
Penalties for failure to respect maternity or paternity leave
In Spain, if a company does not respect workers’ rights in relation to maternity or parental leave, it may face sanctions. These fines fall under the scope of labour offences. The consequences for companies that fail to comply with these rights can vary depending on the seriousness of the infringement:
Minor infringements
Failure to properly inform workers of their rights or to provide the required documentation.
Fines ranging from €60 to €625.
Serious infringements
Denying or obstructing maternity or parental leave.
Discriminating against a worker for exercising his or her right to leave.
Failing to respect the employee’s right to return to work under the same conditions after leave.
Failure to comply with occupational risk prevention obligations for pregnant or breastfeeding workers.
Fines ranging from €626 to €6,250.
Very serious infringements
Dismissing an employee for exercising his or her right to maternity or parental leave.
Recidivism in the commission of serious infringements in a given period.
Fines ranging from €6,251 to €187,515.
In addition to fines, companies may also face other consequences such as loss of public benefits, aid or subsidies. It is crucial that companies are well informed and respect labour rights to avoid sanctions and promote a fair and respectful working environment. At Asesoría Orihuela Costa we offer you the support you need to comply with current legislation.
