When people talk about «leave for children», two get mixed up because of the age of 8 and the number of weeks: the 2 paid weeks of birth leave and the 8-week parental leave. One is paid, the other is not. Parental leave (permiso parental) is the one in article 48 bis of the Spanish Estatuto de los Trabajadores (Workers Statute): time off to care for your child that nobody pays you for, but that the employer cannot refuse, only postpone in the cases the article lists.
What article 48 bis says
Article 48 bis recognises parental leave for the care of a child or foster child placed for more than a year, until the child turns eight. Its features:
| Point | What it sets |
|---|---|
| Length | Not more than 8 weeks, continuous or not |
| Hours | Full-time or part-time, as set out in regulations |
| Right | Individual, for men and women; cannot be transferred |
| Dates | You choose them (start and end), taking into account your situation and the company’s needs |
| Notice | 10 days or what collective agreements set, except force majeure |
| Postponement | The employer may postpone for a reasonable period in two situations, in writing and with an equally flexible alternative |
Parental leave also protects against dismissal: dismissal during parental leave under article 48 bis is void (art. 55.5.a of the Statute).
Is it paid? No: the law itself says so
Royal Decree-law 9/2025, which gave birth leave its current wording, explains in its preamble that the new regulation of parental leave «remains unpaid, at eight weeks». The paid part of the European directive is treated as covered by the paid weeks of birth leave.
In the Social Security Act we reviewed, there is no benefit attached to article 48 bis. During those weeks you do not work and the rules do not provide for the employer to pay you. Your convenio colectivo (collective agreement) could improve this; that is the only way it would be paid.
Do not confuse it with the 2 paid weeks
| Leave | Where | Paid? | Until what age |
|---|---|---|---|
| Parental leave | Art. 48 bis | No | 8 years |
| 2 weeks of childcare | Art. 48.4.c (part of birth leave) | Yes, with the birth benefit | 8 years |
The two weeks in 48.4.c are within the 19 per parent: 6 compulsory, 11 flexible and 2 until age 8. We explain this in birth leave: weeks and how to claim. Parental leave is separate and is added to that right.
An example with figures
Marcos earns €2,000 gross a month (€24,000 a year). His son was born on 15 January 2021, so the right lasts until 15 January 2029. He wants to use 4 weeks in August 2027 and another 4 at Christmas.
| Item | Calculation | Result |
|---|---|---|
| Approximate value of one week | 24,000 / 52 | €461.54 |
| 4 weeks in August | 4 × 461.54 | €1,846.15 |
| 4 weeks at Christmas | 4 × 461.54 | €1,846.15 |
| Total unpaid (8 weeks) | 8 × 461.54 | €3,692.31 gross |
This is a weekly estimate. The employer may deduct by calendar or working days depending on the agreement, and the figure would vary slightly (dividing by 30 and multiplying by 56 calendar days gives €3,733.33). Ask the company how it will calculate it.
If you take it part-time, the law leaves the details to regulations. One useful rule applies to severance: the Statute’s nineteenth additional provision says that, if you use the 48 bis leave part-time, the salary used to calculate any severance is the one you would have had without the reduction, as long as the legal maximum period has not passed.
How to ask for it
- Decide the dates and the format (consecutive weeks or in parts).
- Give written notice 10 days ahead, or the notice in your agreement. State the start and end of each part.
- Keep a copy with proof of receipt.
- If the employer postpones, ask for the justification in writing and for the alternative it offers.
If there is a dispute, the eighteenth additional provision of the Statute sends it to the labour court under the procedure of article 139 of the procedural law.
When it makes sense to use it
Some families keep it for specific moments: settling into school, a child’s long illness, a summer with no holiday clubs or the gap between the end of the paid weeks of birth leave and the start of nursery. Because it can be taken in parts, some people spread it over single weeks across the years instead of using it all at once.
If you need time away from work, compare this option with voluntary leave of absence in Spain, particularly the rules on returning.
Do the sums first, because these are unpaid weeks: with the €2,000 in the example, each week is worth about €462. If it does not pay off, compare with reduced hours (you keep part of your pay) or an adaptation (you keep all of it). And check whether your collective agreement adds paid days for your situation.
Why your case may be different
- Your collective agreement may set the notice or improve the leave, even pay it. Check it.
- If two people in the same company generate the right for the same child, the employer can postpone one of them, under the article’s conditions.
- If the child is a foster child, the leave requires the placement to be for more than a year.
- If you would rather keep some pay, other options keep part of your salary: reduced working hours for childcare or a working-time adaptation. If you need to stop for more than 8 weeks, there is childcare leave of absence.
This is general information. With deadlines or money at stake, speak to an employment lawyer (abogado laboralista) or a union.