Paid leave in Spain 2026: the days you are entitled to by law

Updated on 30 September 2026 · By the NetoNómina team

Paid leave (permisos retribuidos) lets you be absent from work without losing pay. You must give notice and justify the reason. The days set by law are a minimum: your collective agreement may improve them.

Leave under the Workers' Statute

ReasonDuration
Marriage or registration as a civil partnership15 calendar days
Accident, serious illness, hospitalisation or surgery requiring rest of your spouse or partner, relatives up to the second degree, or someone living with you who needs your care5 working days
Death of a spouse, civil partner or relative up to the second degree2 days (4 if you need to travel)
Moving your main home1 day
Unavoidable public duty (for example, serving at a polling station or appearing as a witness in court)The time required
Prenatal examinations and childbirth preparation, if they must take place during working hoursThe time required

Relatives up to the second degree are parents, children, siblings, grandparents and grandchildren, both yours and your spouse's or partner's.

Absence for force majeure

You can be absent for urgent, unforeseeable family reasons (for example, an accident or sudden illness of a relative) that make your presence essential. Up to 4 days a year are paid, and they can be taken by the hour.

Breastfeeding / infant care

Until your child is 9 months old, you are entitled to one hour of absence a day, which you can split into two half-hours, take as a half-hour reduction in your working day, or accumulate into full days if your agreement allows it or you agree it with your employer.

What about birth leave?

Birth and childcare leave (formerly maternity or paternity leave) is not paid by the employer but by Social Security, through a benefit of 100% of your regulatory base. You apply to Social Security, not to your employer.

How to request it

  • Tell your employer as soon as you know the reason and, if possible, in writing.
  • Keep the supporting document: medical certificate, family book, certificate of registration, etc.
  • Check your collective agreement: many add days or types of leave not covered by law.