Spain, with its robust economy, thriving tourism, renewable energy, and IT sectors, is a prime destination for global employers. Its workforce benefits from employee-friendly labor regulations under the Spanish Workers’ Statute (Estatuto de los Trabajadores), which set clear rules on leave, working hours, and employee protections.
For international companies, understanding the leave policy in Spain is critical to staying compliant. Spanish regulations emphasize work-life balance, equality, and job security.
This guide helps employers, HR leaders, and global businesses understand Spain’s statutory leave entitlements in 2025 and how Asanify simplifies compliance through Payroll processing, Global Contractor Management, and EOR expertise.
Table of Contents
- Adoption Leave in Spain
- Earned Leave (Annual Paid Leave) in Spain
- Maternity Leave in Spain
- Parental Leave in Spain
- Paternity Leave in Spain
- Public Holidays in Spain
- Sick Leave Policy in Spain
- Casual Leave in Spain
- Unpaid Leave in Spain
- Other Special Leave Types in Spain
- Digital Leave Management in Spain with Asanify AI
- FAQs on Leave Policy in Spain
Adoption Leave in Spain
The Spanish Workers’ Statute (Estatuto de los Trabajadores) and Social Security legislation regulate adoption leave in Spain, giving adoptive parents time to bond with their child and adapt to new family responsibilities.
- Duration: Each adoptive parent receives 16 weeks of leave.. This leave is not transferable, ensuring both parents have equal rights.
- Special cases: If parents adopt multiple children, they receive an additional 2 weeks of leave for each child after the first.
- Multiple adoptions: When adopting more than one child simultaneously, parents can extend their leave accordingly.
Employers grant this leave without discrimination. Employees must provide the official adoption or foster care order and notify their employers in advance. Employers then coordinate with the National Social Security Institute (INSS) to ensure proper payroll adjustments and salary reimbursements during the leave period.
Earned Leave (Annual Leave) in Spain
Annual paid leave in Spain is a fundamental right under the Workers’ Statute.
- Employees receive a minimum of 30 calendar days (about 22 working days) of paid annual leave.
- Collective bargaining agreements (convenios colectivos) often grant additional days.
- Annual leave cannot be replaced by financial compensation except upon termination.
- Employers must agree leave dates with employees, ensuring fairness and business continuity.
For global employers, accurate Payroll processing ensures correct pay calculations, especially when leave overlaps with public holidays or sick leave.
Suggested Read: Understanding Labour Laws in Spain: A 2025 Guide
Maternity Leave in Spain
Maternity leave (permiso de maternidad) provides strong protections.
| Feature | Details |
| Duration | 16 weeks, extendable by 2 weeks per additional child |
| Compulsory leave | 6 weeks must be taken immediately after birth |
| Payment | INSS pays 100% of the regulatory base salary |
| Job protection | Dismissal during maternity leave is prohibited |
Parental Leave in Spain
Spain also grants additional leave rights beyond maternity and paternity.
| Type of Parental Leave | Duration | Details |
| Shared parental leave | Both parents may share the 16-week leave entitlement | Encourages equality |
| Unpaid parental leave | Up to 3 years per child to care for children under 3 | Job position reserved |
Parents must provide 15 days’ notice. Employers cannot deny statutory parental leave.
Paternity Leave in Spain
Spain offers one of the most generous paternity leave entitlements in the EU.
| Feature | Details |
| Duration | 16 weeks, equal to maternity leave |
| Payment | INSS covers 100% of salary |
| Flexibility | Fathers may split leave into parts, taking it immediately or later within 12 months |
This system ensures gender equality in childcare responsibilities.
Public Holidays in Spain
Spain observes 14 public holidays annually: 8 national holidays, 4 regional holidays, and 2 local holidays.
| Holiday | Date |
| New Year’s Day | 1 January |
| Epiphany | 6 January |
| Good Friday | Movable |
| Labor Day | 1 May |
| Assumption Day | 15 August |
| National Day of Spain | 12 October |
| All Saints’ Day | 1 November |
| Constitution Day | 6 December |
| Immaculate Conception | 8 December |
| Christmas Day | 25 December |
The remaining 4–6 days depend on autonomous communities and municipalities. Employers must align schedules accordingly.
Sick Leave Policy in Spain
Sick leave (incapacidad temporal) involves shared employer and Social Security responsibility.
| Category | Entitlement |
| Days 1–3 | No payment (unless company policy provides it) |
| Days 4–15 | Employer pays 60% of regulatory base |
| Days 16–20 | INSS pays 60% of regulatory base |
| From Day 21 onward | INSS pays 75% of regulatory base |
Employees must provide a medical certificate within 3 days. Collective agreements may improve entitlements.
Casual Leave in Spain
Employees in Spain may take short-term leave (permisos retribuidos) for personal matters:
- Marriage: 15 days.
- Birth of a child: 2 days (4 if travel required).
- Death of a close relative: 2–4 days.
- Moving house: 1 day.
These entitlements are guaranteed by the Workers’ Statute.
Unpaid Leave in Spain
Unpaid leave (excedencia) is available in special cases:
- Up to 3 years per child (for childcare).
- Up to 2 years for family care (ill relatives).
- Other unpaid leave must be mutually agreed.
During this time, the employment relationship is suspended but maintained.
Other Special Leave Types in Spain
- Educational leave: For employees pursuing approved studies.
- Political leave: For public office holders.
- Union leave: Paid time for union duties.
- Palliative and caregiver leave: Up to 2 years unpaid to care for seriously ill dependents.
Suggested Read: Employer of Record Poland: A Comprehensive Guide
Digital Leave Management in Spain with Asanify AI
Managing leave in Spain is challenging because of national, regional, and local variations in entitlements. Manual systems often cause payroll errors and compliance risks. Asanify solves these challenges with automation designed for Spanish and global workforces. It streamlines leave tracking, integrates seamlessly with Payroll processing, and ensures compliance with collective agreements. For global companies, it also unifies operations through Global Contractor Management, making cross-border compliance effortless.
Here’s how Asanify simplifies leave management in Spain:
- Real-time leave balances for clarity across employees and managers.
- Slack and mobile-based approvals, speeding up workflows.
- Integrated Payroll processing for Spain-specific rules on sick leave, holiday overlaps, and Social Security reimbursements.
- Audit-ready reports compliant with Spanish labor law and collective agreements.
- Policy automation for maternity, paternity, and parental leave.
With Asanify, global employers remain compliant in Spain and beyond. Backed by expertise in Employer of Record Services Spain, Asanify applies the same precision to the Spanish market. Its platform unifies compliance through Global Contractor Management, enabling companies to hire seamlessly across multiple jurisdictions.
FAQs
Employees receive a minimum of 30 calendar days (about 22 working days) of paid annual leave.
Maternity leave lasts 16 weeks, with 100% of salary paid by Social Security.
Fathers or partners are entitled to 16 weeks, equal to maternity leave.
No. Spain has 14 holidays: 8 national, 4 regional, and 2 local.
Employers cover days 4–15 at 60%, after which INSS covers payments.
Yes. Employees can request up to 3 years per child and up to 2 years for dependent care.
Yes. Adoptive parents are entitled to 16 weeks of leave, fully paid by INSS.
Not to be considered as tax, legal, financial or HR advice. Regulations change over time so please consult a lawyer, accountant or Labour Law expert for specific guidance.
