Notice of birth and childcare leave (Spain)
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For a mother, father or other parent working in Spain who will take leave for a birth, adoption, guardianship or foster care. The letter tells the employer, with the fifteen days' notice of art. 48.4 of the Spanish Workers' Statute, in which weeks the leave will be taken after the six compulsory ones. The benefit is claimed separately, free of charge, from the INSS. It is handed over against a receipt, sent by certified letter or by burofax. In Spanish.
- Made for use in Spain
- Last updated October 20, 2026
Published byDocMuse
When to use this document
- You are about to become a parent in Spain and must tell your employer when you will take the leave weeks.
- You are adopting or fostering a child and want to spread the leave over several weeks.
- The six compulsory weeks are over and you want to take the rest later.
- You want a written notice of your birth leave that the employer signs as received.
What you fill in
The details the document asks for.
- Employee
- Employee's address
- Employee's DNI or NIE (Spanish identity number)
- How the letter is sent (printed above the recipient)
- Employer (company name or, for an individual, full name)
- Employer's postal address (street and number, postcode and town on separate lines)
- City
- Date
- Child's full name
- Date of the birth, or of the adoption, guardianship or foster-care decision
- Weeks of leave to be taken (start and end date of each period)
- Collective agreement that applies
Common questions
- How long is birth leave in Spain and how is it split?
- Nineteen weeks for each parent since Royal Decree-law 9/2025: six compulsory, uninterrupted weeks immediately after the birth or the decision, eleven that can be taken in weeks until the child turns twelve months, and two that can be taken until the child turns eight, which may be requested from 1 January 2026. The collective agreement may improve these terms.
- Where is the birth-leave benefit claimed in Spain?
- This step is free on the Spanish Social Security's online office, and you do not need DocMuse for it. The benefit is paid by the National Social Security Institute (INSS) and is claimed on its online office or at its offices. This letter is something else: it only tells the employer the dates of the leave, which the employer needs to organise the work.
- Can birth leave in Spain be taken part-time?
- Not the six compulsory weeks: they are taken in one block and full-time. The others may be taken full-time or part-time if the employer and the employee agree (art. 48.4 of the Spanish Workers' Statute). If you want that, say so in the periods of the letter and ask the employer to agree in writing.
How you can sign this document
- Print it and sign by hand. The signature lines in the document are left blank on purpose — sign on them in ink.
- Sign it yourself with a qualified electronic signature. If you already hold a QES — Evrotrust, B-Trust, StampIT, ZealiD or any qualified provider on the EU Trusted List, on a card, a USB token, in a mobile app or in the cloud — our signing guide explains step by step how to sign this exact file without invalidating it. Step-by-step help, and a way to check it worked
DocMuse sells documents, not legal advice. Acceptance always depends on the recipient's rules and your local law.
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