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.
Workplace Sustainable Mobility Plans
Impact date: 5 December 2025 A new Sustainable Mobility Act (LMS) has come into force. For the first time, mobility is recognized as a right that Public Administrations must guarantee, linking it to fundamental rights. The law creates a modern regulatory framework to cut transport emissions by promoting cleaner, more inclusive mobility and requiring companies to implement Workplace Sustainable Mobility Plans. The law’s programmatic nature leaves significant room for further regulatory development.
Employer implications/action needed For employers, the LMS creates ESG compliance obligations: to design and negotiate Workplace Sustainable Mobility Plans (for companies with more than 200 employees or 100 per shift), calculate and report the carbon footprint of the services provided, and adapt to forthcoming regulatory developments under a specific sanctioning regime. Key actions include embedding mobility into corporate strategy, implementing auditable environmental and energy management systems, preparing for green requirements in public procurement, and leveraging opportunities such as public funding and sustainable mobility business models.
Employer risk N/A
Apprenticeship contracts
Impact date: 17 December 2025 Spain’s framework on training contracts has been modernized and consolidated. The law regulates both apprenticeship (dual training) contracts and professional practice contracts, setting limits on duration, headcount thresholds, tutoring, remuneration and Social Security protection. The reform strengthens formal requirements, reinforces worker protections, and establishes clearer safeguards against misuse.
Employer implications/action needed Employers must monitor the number of training contracts per workplace to ensure they don’t exceed statutory limits, ensure written contracts with mandatory individual training plans, and comply with reporting obligations to public employment services. Qualified tutors should be appointed, duration limits should be monitored, and it should be ensured that remuneration and working time arrangements comply with statutory thresholds. Collective bargaining alignment, internal compliance controls, and documentation processes should be updated.
Employer risk Misuse or non-compliance (including fraudulent use or breach of training obligations) may trigger automatic reclassification as an open-ended contract. Failure to meet formal, supervisory, or reporting requirements may lead to labour inspections, sanctions, and loss of incentives or bonuses.
Minimum wage
Impact date: 1 January 2026
The Spanish Government has approved a 3.1% increase to the statutory minimum wage (SMI), setting it at €1,221 gross per month in 14 payments, equivalent to €17,094 annually. Workers paid in 12 monthly instalments (with prorated extra payments) will receive a correspondingly higher monthly amount. The rise is expected to benefit around 2.5 million workers, with the greatest impact in sectors such as agriculture, services, commerce, and domestic work. The measure aims to help preserve workers’ purchasing power in a context of moderate inflation and supports Spain’s continued progress toward ensuring the SMI corresponds to around 60% of the national average wage, in line with recommendations under the European Social Charter.
Employer implications/action needed Employers must update payrolls to reflect the new SMI and pay any retroactive amounts from 1 January 2026. Proportional adjustments should be applied for part-time, temporary, and domestic workers. Existing salary supplements cannot be used to offset the SMI increase.
Employer risk Failure to comply may result in obligations to pay backdated wages. There is also a potential for legal challenges, as the employer association CEOE has signaled it may contest the decree in court over legislative competence.
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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