🍼 Can I take birth and childcare leave?

With conditions

Quick answer

Yes: each parent is entitled to 19 weeks in 2026. From 1 January 2026, birth and childcare leave rose from 16 to 19 weeks per parent, all paid at 100% by Social Security (not the employer), under Royal Decree-law 9/2025, which completes the transposition of the EU work-life balance directive. Of those 19 weeks, 6 are mandatory and uninterrupted right after the birth (or adoption/fostering); 11 weeks are flexible, to be taken until the child turns 12 months; and the last 2 can be used until the child is 8 years old. The leave is individual and non-transferable. In single-parent families, the duration reaches 32 weeks. You need to meet the contribution requirements for your age.

📋 The rules

19 weeks per parent in 2026 (was 16)
Paid at 100% by Social Security
6 mandatory weeks, uninterrupted, after the birth
11 weeks until 12 months; 2 until 8 years
Single-parent families: up to 32 weeks

🔓 Exceptions

Minimum contribution requirements depending on the parent's age
Multiple birth, disability or prematurity: additional extensions
Self-employed: equivalent right, with their own contribution rules

⚠️ Penalties & fines

Birth leave is a right: the employer can't deny it or penalise its use, and a dismissal for this reason would be void. The cash benefit is paid by Social Security, on request, if you meet the contribution requirements. It's best to notify the employer in advance and claim the benefit from the INSS within the deadlines. The first 6 weeks are mandatory and non-transferable; the rest can be spread flexibly, even part-time by agreement. If the leave or benefit is unduly denied, you can claim.

📎 Official sources

Last verified: 2026-06-20

❓ Frequently asked

How many weeks of birth leave are there in 2026?

From 1 January 2026, 19 weeks per parent, all paid at 100% by Social Security. It's an increase from the previous 16 weeks, completing the transposition of the EU work-life balance directive.

Which part of the leave is mandatory?

The first 6 weeks, to be taken full-time, uninterrupted and immediately after the birth, adoption or fostering. The remaining weeks are flexible and can be spread until the child turns 12 months (and 2 until age 8).

How much do I earn during the leave?

100% of your contribution base, paid by Social Security (not the employer), provided you meet the minimum contribution requirements for your age. It's a benefit you must claim from the INSS with the documentation.

And in a single-parent family?

In single-parent families the leave is longer, reaching up to 32 weeks, to offset that it falls on a single parent. The exact conditions follow the rules in force and are best confirmed when claiming the benefit.

Can my employer deny me the leave?

No. It's a right and the employer can't deny it or penalise its use; a dismissal for this reason would be void. Notify in advance and claim the benefit from Social Security in time. If it's unduly denied, you can claim.

🔎 Common searches

What people search to land here:

“birth leave 19 weeks 2026”
“paternity maternity leave 2026”
“6 mandatory weeks birth”
“birth leave single parent 32”
“birth benefit social security”
“how much birth leave pay”