Leave policy in Spain: Employer’s guide in 2026

Leave policy in Spain covers statutory annual leave of 30 calendar days, 14 paid public holidays, sick leave, and family-related leave entitlements. Spain also provides extensive protection for 19 weeks of maternity, paternity, and parental care leave. These entitlements are primarily governed by the Spanish Workers’ Statute (Estatuto de los Trabajadores), with certain leave benefits and income support administered through Spain’s Social Security system. 

Complete knowledge of the leave laws in Spain helps avoid legal complications for employers and promotes employee well-being. 

Payoneer Workforce Management, a trusted workforce management platform, helps employers with onboarding, paying, and seamless leave tracking and management, with compliance support.

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Continue reading to learn more about the leave policies in Spain.

What is the annual leave policy in Spain?

Employees in Spain are entitled to an annual paid leave of 30 calendar days, including weekends, which equates to 23 working days per year for every employee. As laid out in Article 38 of the Workers’ Statute. 

Annual leave is a mandatory employee right and cannot be waived by the employer

or replaced with cash compensation except when the employment relationship ends, and the employee still has unused leave. Annual leave is separate from Spain’s 14 public holidays per year.

Employees accumulate leave throughout the year, commonly at a rate of 2.5 calendar days per month worked.

While navigating through the paid leave policies in Spain, it is crucial to understand the payroll structure in Spain to stay compliant. Here is a complete guide on the payroll structure in Spain.

What is the list of public holidays in Spain?

Employees in Spain are entitled to up to 14 paid public holidays off work, in addition to their regular vacation allowance. These 14 days include 8 national public holidays, 4 provincial holidays, and 2 local holidays. 

Provincial holidays are public holidays set by Spain’s 17 Autonomous Communities (regions). Each region can choose certain holidays that reflect its history and culture. While local holidays are public holidays chosen by individual municipalities, each municipality can designate up to 2 public holidays per year.

The following is the list of national public holidays in Spain:

National Holiday	Date
New Year’s Day (Año Nuevo)	January 1st
Epiphany (Día de Reyes)	January 6th
Good Friday (Viernes Santo)	Date changes each year
Labor Day (Día del Trabajador)	May 1st
Assumption of Mary (Asunción de la Virgen)	August 15th
National Day of Spain (Fiesta Nacional de España)	October 12th
All Saints’ Day (Día de Todos los Santos)	November 1st
Constitution Day (Día de la Constitución)	December 6th
Immaculate Conception	December 8th
Christmas Day (Navidad)	December 25th

A workforce management platform in Spain can help you with the management of onboarding, payroll, and leave policies in Spain. Discover how Payoneer Workforce Management assists in managing your employee leaves, along with onboarding and payroll. Talk to our experts to learn more.

What is the policy for sick leave in Spain?

In Spain, employees are entitled to paid sick leave if they are unable to work for more than 3 days due to illness. The first 3 days are unpaid, while from the 4th to the 15th day, the employer’s responsibility is to pay the employee 60% of their normal wage.

If the employee is still unwell after 16 days, they receive 75% of their normal wages, paid to them by the Spanish social security system. 

Employees in Spain can receive paid sick leave for up to 365 days, with the potential for extension beyond this period.

What is the maternity leave policy in Spain?

Maternity leave policy in Spain entitles new mothers to 19 weeks of paid leave, during which they receive 100% of their normal base wage paid to them by the Spanish social security system. Out of the 19 weeks, only the first 6 weeks after birth are mandatory to be taken immediately, and the remaining 11 weeks are flexible, which can be used at any time within the first 12 months of the child’s life. At the same time, the other 2 weeks left can be taken anytime until the child is 8 years old. 

Following 19 weeks of maternity leave, new mothers also have the option to take further unpaid leave. In Spain, employees can apply for excedencia sin sueldo (unpaid parental leave) for up to 3 years following the birth of a child.

Maternity leave in Spain is regulated by two main legislations: The Workers’ Statute and the Organic Law for the Effective Equality of Women and Men.

It’s very crucial to know the employment laws in Spain, along with its leave policy, to navigate Spain’s labor laws. If you would like to have a better understanding of the employment laws in Spain, here is a comprehensive guide on the employment laws in Spain.

What is the policy for parental leave in Spain?

Spanish parental leave laws allow male employees the same amount of paid leave from their roles after the birth of their child as that given to female employees. Meaning the new fathers can also take up to 19 weeks of paid leave at 100% of their normal wage to care for their new baby.

Spain is very inclusive in its parental leave policies. Rather than offering shorter paternity leave options for new fathers, they receive the same paid time off work as the mother of the child.

What is adoption leave in Spain?

Spain does not have a separate “adoption leave” system. Instead, adoption, foster care, and guardianship for adoption are covered under the same leave entitlement as birth-related parental leave established under Article 48 of the Spanish Workers’ Statute. Thus, employees who adopt a child are entitled to the same paid leave rights as biological parents. Allowing them to take up to 19 weeks of paid leave at 100% of their normal wage

 This leave allowance is paid in full by the Spanish social security system.

What are the other types of leave in Spain?

In addition to the leaves discussed above, employees in Spain are entitled to several other types of statutory leave for events such as marriage, childcare, caregiving responsibilities, family emergencies, and public duties. Below is a summary table to help you understand better.

Leave Type	Duration	Paid / Unpaid
Wedding Leave	15 days	Paid
Moving Day Leave	At least 1 day	Paid (Employer policy)
Bereavement Leave	2 days (4 days if travel is required)	Paid (Employer policy)
Care Leave	Not specified (may be taken as needed)	Paid by social security
Compassionate Leave	Up to 4 days	Paid (Employer policy)
Jury Duty Leave	As long as required	Paid (Employer policy)
Union Leave	As provided by law or collective agreement	Unpaid (Employer policy)
Breastfeeding Leave	1 hour per workday (or two half-hour breaks) until the child is 9 months old	Paid (Employer policy)
Accident or Illness of a Family Member Leave	Up to 5 working days	Paid (Employer policy)
Prenatal, Adoption, or Foster-Care Preparation Leave	Time required for appointments and assessments	Paid

If you’d like to know more about these leaves, the following section explains each type of leave in detail.

Wedding leave

When an employee gets married, they are entitled to 15 days of paid leave from their role.

Moving day leave

According to the leave policy in Spain, employees can take at least 1 day of paid leave from their job when they move homes.

Bereavement leave

Bereavement leave is a leave granted to an employee following the death of a family member or loved one. Employees in Spain are entitled to a minimum of 2 days of paid leave or 4 days (if travel is required) after the death of a close family member.

Care leave

Employees in Spain can take care leave when they need time off to support a sick or disabled family member. This leave is generally unpaid, but it gives workers the flexibility to respond to urgent caregiving needs.

Compassionate leave

Compassionate leave allows employees to take up to four days off when serious personal circumstances arise. This leave is designed to give workers time to manage sensitive or urgent situations.

Jury duty leave

Employees summoned for jury duty or court appearances may take leave for as long as required. This leave is usually paid, depending on the employer’s policies and legal requirements.

Union leave

Union leave enables employees to participate in union-related activities or meetings, as governed by law or collective agreements. It is typically unpaid unless specified otherwise in the employment agreement.

Breastfeeding leave

Employees are entitled to one hour of paid breastfeeding leave per workday, or two half-hour breaks, until the baby reaches nine months old. They may also reduce their working day by 30 minutes or accumulate this time into full days if allowed by company policy.

Accident or illness of a family member

If a spouse, partner, close relative, or cohabiting dependent experiences an accident, serious illness, hospitalisation, or requires at‑home recovery, employees may take up to five working days of leave to care for them.

Prenatal, adoption, or foster‑care preparation leave

Employees may take paid time off during working hours for prenatal checkups, adoption preparation meetings, or mandatory foster‑care assessments. This ensures they can meet medical and legal requirements related to family expansion.

Unpaid leave (Permisos sin sueldo)

Employees who have worked for at least one year may request up to one month of unpaid leave annually. This may be split into two periods of 15 days each, though employers may limit availability depending on staffing needs.

It is in the best interest of employers to have an estimate of the cost per employee in Spain, keeping in mind these paid leave policies before hiring. 

Know in detail about the hiring process in Spain.

How can Payoneer Workforce Management help with the leave policy in Spain?

Payoneer Workforce Management helps businesses with onboarding, payroll, and managing time off while supporting compliance with local employment requirements. 

Employers can streamline leave administration alongside payroll, onboarding, benefits, and workforce management processes through a single platform and without setting up a local entity in Spain. This reduces administrative complexity and helps businesses stay focused on supporting and growing their teams instead.

Managing leave for employees in Spain? Payoneer Workforce Management handles it alongside payroll and onboarding.

Book a demo today to learn more.