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Eligibility Criteria for Paternity Leave in Spain
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Step-by-Step Guide to Applying for Paternity Leave in Spain
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Documents Required for Paternity Leave Application
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Processing Time and Benefit Payments
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Special Cases for Paternity Leave
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Common Mistakes to Avoid When Applying for Paternity Leave
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Helpful Resources for Applying for Paternity Leave in Spain
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Jackson & Frank: Simplifying Your Paternity Leave in Spain
backWho Can Apply for Paternity Leave?
Paternity leave is available to a wide range of workers in Spain, including both employed and self-employed individuals. However, certain conditions must be met to qualify:
- For Full-time and Part-time Employees: You must have contributed to Spain's Social Security for at least 180 days in the last seven years or 360 days over your entire working life. Additional details are outlined by Seguridad Social.
- For Freelancers (Self-Employed): Freelancers are also eligible, but their benefits are calculated based on their social security contributions over the previous six months. You can check how these benefits are calculated on the Self-Employed Paternity Benefits section of the official website.
Eligibility for Special Cases:
Different situations may impact eligibility for paternity leave, and Spain’s policies have accounted for this:
- Adoption and Foster Care: If you’re adopting or fostering a child for more than a year, the paternity leave benefits remain the same as for biological parents.
- Same-Sex Couples: Both parents in same-sex couples are entitled to paternity leave if they’ve legally adopted the child, furthering Spain's commitment to equality.
- Expats and Remote Workers: If you're an expat or working remotely for a Spanish company, you are still eligible as long as you’re registered with Spain’s Social Security system. More details can be found on the European Commission’s website.
- Multiple Births or Adoptions: For those who have multiple births (e.g., twins) or adopt more than one child simultaneously, additional benefits and extended leave periods are granted.
- Part-time Employees: Part-time workers are eligible for paternity leave, but their wage compensation is calculated based on their working hours and contributions.
- Temporary Employment Contracts: Employees on temporary contracts are eligible for paternity leave as long as they meet the contribution requirements. If their contract expires during the leave, they still receive full paternity benefits, with the option to transition to unemployment benefits afterwards.
- Unemployed Workers: If you are currently receiving unemployment benefits, your paternity leave payments will temporarily replace your unemployment allowance. Once your paternity leave ends, you can resume receiving unemployment benefits.
Once you’ve determined that you qualify for paternity leave, the next step is to apply. Spain offers several methods for submitting your application.
Online Application (with Digital Certificate or Cl@ve account):
- Log in to the Tu Seguridad Social portal using your digital certificate or Cl@ve credentials.
- Fill out the application form with the necessary details.
- Upload the required documents, including identity proof and company certification.
- Submit the application online. You can also simulate the benefit to estimate the amount you will receive and the duration of your leave.
- Wait for confirmation from Seguridad Social regarding the approval of your leave.
Online Application (without Digital Certificate):
If you don’t have a digital certificate or Cl@ve account, you can still apply online using a form created during the COVID-19 pandemic. Follow these steps:
- Access the special form on the Seguridad Social website.
- Select your managing body (INSS or ISM for seafarers).
- Fill in your personal information and details about your paternity leave.
- Attach the completed application form and required documents.
- Submit the form online and wait for confirmation.
Mail-in Application:
Prefer paper applications? Here’s what you need to do:
- Download the paternity leave application form from the Seguridad Social website.
- Fill out the form with your personal and employment details.
- Attach all necessary documents, including proof of identity and your family book.
- Mail the completed form to your nearest Provincial Directorate of the INSS or ISM (for seafarers).
- Track the progress of your application by contacting the office or using the online tools provided by Seguridad Social.
In-Person Application:
To apply in person, here’s what to do:
- Schedule an appointment at your local Social Security Information and Service Center (CAISS).
- Prepare all necessary documents in advance, including proof of identity, company certificates, and your family book.
- Attend your scheduled appointment and submit your completed application and documents.
- Wait for a confirmation email or letter from Seguridad Social regarding the status of your paternity leave.
Regardless of the application method, make sure you have the following documents ready:
- Proof of Identity: DNI (national ID), passport, or NIE (foreigners’ identification number).
- Company Certificate: Employed persons need a certificate from their employer stating the start date of the leave. The company usually sends this directly to Seguridad Social, but confirm with your employer.
- Family Book (Libro de Familia): A copy of the family book or the child's birth certificate, which can be obtained from the Civil Registry.
- Social Security Documentation: Proof of your social security contributions.
- Additional Documents for Special Cases: Documents related to adoption, foster care, or freelance work, if applicable.
How Long Does the Application Process Take?
Once you’ve submitted your application, the processing time generally ranges between 10 to 30 days. This time may vary depending on the completeness of your application and the workload at your local Social Security office.
After your application is processed, you’ll receive official confirmation of your approved paternity leave dates.
How Are Benefits Paid?
- 100% Wage Compensation: During paternity leave, your salary is covered in full based on your regulatory base, similar to temporary disability benefits.
- Payment Method: Payments are deposited directly into your bank account by the National Social Security Institute (INSS).
Flexibility of Leave
While the first six weeks must be taken consecutively following the birth, the remaining 10 weeks can be taken in separate blocks during the child’s first year. This allows you to divide your leave to suit family needs.
- Multiple Births or Adoptions: You’ll receive an extra two weeks of leave for each additional child born or adopted.
- Unemployed Workers: If you’re receiving unemployment benefits, paternity leave payments will replace these for the duration of the leave.
- Temporary Employment Contracts: Even if your contract expires during your leave, you’re still entitled to the full 16 weeks of benefits.
When applying for paternity leave in Spain, it’s important to be aware of common mistakes that can delay your application or result in a rejection. Here are some key points to keep in mind:
- Incomplete or Missing Documents: Ensure that all required documents are submitted with your application, including:
- Proof of identity (DNI, passport, NIE).
- Company certificate confirming the start of the leave (for employed persons).
- Family book or birth certificate for your child.
- Any additional documents related to adoption or foster care, if applicable. Double-check the Seguridad Social website for any updates or additional requirements based on your situation.
- Incorrect Information: Double-check the dates and personal details on your application. Always ensure that:
- Your personal information matches what is recorded with Seguridad Social.
- The dates you provide for the start of your leave are correct and align with the company certificate.
- For freelancers, your social security contribution records are accurate and up to date.
- Missing Contribution Requirements: Make sure you've met the required contribution periods (180 days in the last seven years or 360 total). To avoid this:
- Confirm your contribution history with Seguridad Social before applying.
- Freelancers should verify their contributions over the last six months to ensure they meet the eligibility criteria.
- Delaying the Application: Submit your application as soon as possible after the birth or adoption. You can submit your application:
- Online (with or without a digital certificate).
- By mail.
- In person at a Social Security Information and Service Center (CAISS).
- Refer to the Seguridad Social application page for more details on deadlines and processing times.
- Failure to Follow Up: After submitting your application, it’s important to follow up if you don’t receive a response within the expected timeline. Many applicants make the mistake of assuming the process is complete without confirmation. You can:
- Check your application status online using your Seguridad Social account.
- Contact Seguridad Social by phone or visit a local office to ensure everything is progressing smoothly.
To help streamline the application process for paternity leave in Spain, we’ve compiled a list of helpful resources. These links will take you directly to official forms, guidelines, and additional information from Seguridad Social and other relevant government sites.
- Paternity Leave Application Forms:
- Application for Childbirth Benefit and Care of a Minor:
Solicitud de prestación por nacimiento y cuidado de menor por parto - Application for Childbirth and Care for Adoption or Foster Care:
Nacimiento y Cuidado de menor por adopción, guarda con fines de adopción o acogimiento - Request for Multiple Periods of Childbirth and Childcare Benefit:
Solicitud de disfrute en múltiples periodos en la prestación por nacimiento y cuidado de menor
- Application for Childbirth Benefit and Care of a Minor:
- Company Certification Forms:
- Company Certificate for the Provision of Birth and Childcare:
Certificado de empresa para la prestación de nacimiento y cuidado de menor - Employer Certificate for Workers from the Special System of Domestic Employees:
Certificado del empleador para solicitudes de trabajadores del Sistema especial de empleados de hogar
- Company Certificate for the Provision of Birth and Childcare:
- Freelancers’ Forms:
- Declaration for Freelancers (Part-Time Childbirth and Care Leave):
Declaración trabajador por cuenta propia. Descanso por nacimiento y cuidado de menor a tiempo parcial
- Declaration for Freelancers (Part-Time Childbirth and Care Leave):
- Parental Agreement Forms:
- Parents’ Agreement on the Special Allowance for Childbirth/Adoption/Multiple Foster Care:
Acuerdo de los progenitores sobre el disfrute del subsidio especial por parto/adopción/guarda con fines de adopción/acogimiento múltiple
- Parents’ Agreement on the Special Allowance for Childbirth/Adoption/Multiple Foster Care:
- Additional Information and Support:
- Seguridad Social Main Page for Paternity Leave:
Paternity Leave Overview and Guidelines - Appointment Booking for In-Person Applications:
Book an Appointment at a Social Security Office (CAISS) - Check Your Social Security Contribution History:
Seguridad Social Contribution Records
- Seguridad Social Main Page for Paternity Leave:
Navigating Spain’s paternity leave process doesn’t have to be challenging. With the right guidance, you can secure your leave without hassle. Whether you're an employee, freelancer, or HR professional, staying informed is key to smooth access.
We’ve created a free checklist to guide you through every step, from verifying eligibility to submitting documents.
At Jackson & Frank, we specialize in global HR solutions that integrate with your business needs.
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HR professionals can also schedule a free consultation for expert advice on navigating Spain’s paternity leave policies and ensuring compliance with labor laws.