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The Spanish Supreme Court recently ruled that single parents can be entitled to 26 weeks of maternity or paternity leave. For now, it seems the ruling only impacts public sector employees and still it needs to be formalised in law, but the decision has opened the door to longer paternity leave for single parents.
The court came to its decision so as not to discriminate against children born into single parent families.
In the ruling, the court upheld the appeal of a teacher whose request to extend her maternity leave from 16 to 24 weeks was rejected by Valladolid’s Provincial Directorate of Education because she is a single parent.
The ruling stated that “the type of family cannot, therefore, determine the difference in treatment, so that a child born into a single parent family will enjoy the care, attention and family protection established in article 68 of the Civil Code for a much shorter period of time, 16 weeks, than if he or she had been born into a two-parent family, 26 weeks.”
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This decision essentially equalises care rights between single and two-parent families. In two-parent families, maternity and paternity leave is divided into 16 weeks for each parent, totalling 32 weeks. In single-parent families, however, it used to be that only 16 weeks were allowed.
However, public employees can in theory accumulate up to 26 weeks according to the ruling. Family lawyer Juan Adrián Ríos López from Toro legal firm writes that “although the ruling sets a precedent, its general application requires reform in a regulation with the status of a law.”
That is to say, in 2025 we will likely see this confirmed in law. However, based on pre-existing paternity leave applications, we already have an idea how it’ll work.
READ ALSO: EXPLAINED – How to apply for parental leave in Spain
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Who can apply for single-parent parental leave in Spain?
Single-parent parental leave is intended for single parents who are responsible for the upbringing and care of their children. Clearly, this is probably more likely to apply to single mothers, but it could also theoretically apply to single fathers in several scenarios. Those who are eligible include:
Single mothers: Women who, without a partner, are solely responsible for the care of their children.
Single fathers: Men who, without a partner, are solely responsible for the upbringing and care of their children.
Widowed parents: Those who, after the death of their partner, are left solely responsible for the care of their children.
Divorced or separated parents: When one parent alone has sole custody and full responsibility for the children.
Who qualifies?
That said, based on the court ruling, to access single-parent maternity leave you must meet a series of family and work conditions:
To be working and registered with the Social Security system: This new single parental leave is aimed at people who are employed or self-employed.
Proof of being a single-parent family: It is essential to have a certificate or document issued by the regional authority that officially recognises the status of a single-parent family.
Fulfil the minimum contribution periods into social security: for those under 26 years of age, at least 90 days in the last 7 years or 180 days throughout the working life; for those over 26 years of age, a minimum of 180 days in the last 7 years or 360 days in total.
Prove the birth, adoption or fostering: This must be accredited by means of the registration of the child in the civil registry.
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What do I need to apply?
Although this is yet to be formally outlined in law, according to Toro Legal in order to apply you’ll need several documents to back up your application. For most state benefits in Spain you need the following:
General documents:
- DNI, NIE or passport.
- Document from your employer indicating the start date of the paternity leave.
- Family record book or certificate from the civil registry office certifying the birth.
- In cases of fostering or adoption, the relevant paperwork.
Specific documents for single-parent families:
- Single-parent family certificate issued by the corresponding region.
- Additional documents: depending on the case, this could include divorce or separation papers; a death certificate of the other parent; or proof of abandonment and/or non-contribution to the upbringing by the other parent.
For self-employed parents:
- Proof of the temporary pausing of economic activity during the paternity leave.
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How do I apply?
Prepare the documents: Gather all the documents mentioned above and check that they are up to date and signed by all the relevant authorities.
Apply: you can apply in several different ways:
- Online: The fastest and most efficient way is to apply via your ‘Tu Seguridad Social’ portal with your digital certificate or Cl@ve. You can find your social security portal here and login with either with your digital certificate or with your username and password with Cl@ve (a digital signature system). To help with the process, you can use the social security portal’s virtual assistant, and if you need help with the Cl@ve system, read this article.
- In person: Make an appointment at a CAISS (Centro de Atención e Información de la Seguridad Social) and present your application with supporting documents.
- By post: Fill in the application form and send it together with the required documentation to the corresponding Provincial Directorate of the INSS.
Once the application has been sent, Social Security will notify you with a decision within a maximum of 135 days. If you do not receive a reply, it will be considered rejected but you can file a complaint.
If your application is refused, file a preliminary complaint with additional documentation. If it that doesn’t work, you could explore legal appeals.
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