Spain
Extension of parental leave for birth, adoption, fostering and guardianship
Impact date: 31 July 2025 (general entry into force). Retroactive application of the extension: applies to events occurring from 2 August 2024. Effective exercise of the new additional parental care weeks: from 1 January 2026 The legal framework for paternity/maternity leave in both the private and public sectors has been modified. The reform strengthens the individual, non-transferable, and fully paid nature of these leaves, extending the standard entitlement to 19 weeks per parent, with up to 32 weeks in single-parent families. The leave is structured in three blocks: six mandatory weeks immediately after childbirth/adoption, 11 voluntary weeks until the child is 12 months old, and two additional weeks of parental care leave (four in single-parent families) until the child reaches eight years of age.
Special rules apply in cases of premature birth, neonatal hospitalization, or the death of the child or the other parent. During the leave, employees are entitled to 100% of the Social Security regulatory base.
Employer implications/action needed Employers should: update internal policies and HR procedures to reflect the new structure of parental leave; adapt payroll and Social Security reporting to cover the extended leave entitlement; establish protocols to manage flexible and split use of leave, with 15 days’ prior notice by employees unless otherwise provided in the collective agreement; and ensure managers and HR teams are trained to handle special cases (premature birth, hospitalization, adoption procedures).
Employer risk Failure to apply the extended rights may result in legal claims for breach of labor rights, sanctions from the labor inspectorate, and increased litigation exposure in discrimination or equal treatment cases.
Launch of the Independent Authority for Whistleblower Protection (AIPI)
Impact date: 1 September 2025 On 1 September 2025, the Independent Authority for Whistleblower Protection (AIPI) officially began operations. Until 1 November 2025 (extendable), the Ministry of the Presidency will continue to provide HR, logistics, IT, procurement, and financial support to the AIPI while it sets up its own operations and budget.
The AIPI is tasked with enforcing the Spanish Whistleblower Protection Act, including overseeing internal reporting channels, ensuring effective protection against retaliation, and imposing sanctions for breaches. Sanctions can reach up to €1,000,000 for legal entities, with failure to implement an internal whistleblowing channel considered a very serious infringement.
Employer implications/action needed Companies must ensure that whistleblowing channels are implemented and functioning in compliance with the law. In addition, employers should: review and update internal investigation protocols, particularly for labor-related cases (e.g. harassment, discrimination, compliance breaches); align internal procedures with the AIPI’s oversight, ensuring protection against retaliation; and ensure communication and training so employees are aware of their rights and how to use reporting channels.
Employer risk Non-compliance may result in sanctions, public reprimand, and reputational damage, particularly if no internal whistleblowing channel is in place.
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Labor Inspection and Social Security plan
Impact date: 12 September 2025 On 12 September, the Strategic Plan for Labor Inspection and Social Security 2025-2027 was approved. Its goal is to strengthen the Labor Inspection’s role in safeguarding labor and social rights in Spain and modernize its organization through digitalization, technological innovation, and increased staffing to ensure transparency and efficiency. The plan includes key areas of focus on labor relations, equality, health and safety, and social security, while aligning with the UN's 2030 Sustainable Development Goals of decent work, gender equality, and eliminating discrimination.
Employer implications/action needed Employers should anticipate more inspections, stricter enforcement, and less tolerance for irregularities. Proactively reviewing labor, equality, health and safety, and digital compliance practices is advised to meet stricter inspection standards and avoid sanctions .
Employer risk Non-compliance risks potential legal and financial consequences for breaches of labor, equality or health and safety laws, as well as reputational damage.
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Sustainable mobility plans
Impact date: Awaited. The Spanish Congress approved the Sustainable Mobility Law on 8 October 2025. The Bill now needs to be ratified by the Senate. A new Sustainable Mobility Law is anticipated. The Law aims to encourage the use of environmentally friendly transport and reduce carbon emissions. In the workplace, the law will require companies, together with workers' representatives, to develop and implement sustainable mobility plans for their staff, providing more sustainable transport alternatives.
Employer implications/action needed Not yet known.
Employer risk N/A
Internships
Impact date: Awaited. On 4 November 2025, the draft was approved by the Council of Ministers. The Law on the Statute for Non-work Internship Trainees in Companies (Trainee Statute) is expected to be approved. On 11 December 2024, the Ministry of Labor and Social Economy submitted for public hearing the preliminary draft Trainee Statute. This draft seeks to regulate key aspects of non-labor internships, such as the maximum number of internships per company, the limits on the duration of internships, access to appropriate resources and support, and the reimbursement of expenses.
Employer implications/action needed Employers should monitor the progress of this anticipated reform.
Employer risk N/A
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