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.
Link N/A
Parental leave pay (case law)
Impact date: Anticipated during 2025, pending final approval of national legislation, until then, case law continues to recognize remuneration rights based on the Directive. The transposition of the Work-Life Balance Directive (EU) 2019/1158 regarding paid parental leave (Article 48a of the Workers’ Statute) is still pending in Spain. Several Spanish Tribunals have already recognized employees’ right to remuneration during parental leave, based directly on the Directive, even though it has not yet been transposed.
Recently, the Court of Justice of the European Union (CJEU) condemned Spain for failing to adopt and notify within the deadline the national measures required to transpose the Directive. The infringement procedure initiated by the European Commission in 2022 escalated due to repeated delays, including the rejection by Parliament of Royal Decree-law 7/2023, which was intended to complete the transposition. As of now, Spain remains in breach, and parental leave pay continues to be an open issue.
Employer implications/action needed Employers should monitor the progress of this anticipated reform.
Employer risk It has not yet been determined whether it will be employers or Social Security that is responsible for the remuneration during parental leave.
Occupational risks
Impact date: Awaited, expected during the end of 2025. The Law on Occupational Risk Prevention is expected to be reformed to reflect the new working environment and to improve the implementation of preventative occupational risk measures, especially in small and medium-sized enterprises. The reform could include an emphasis on specific measures to prevent risks related to the use of new technologies, exposure to chemical substances, arising from high temperatures and other climatic hazards, and psychosocial risks in working environments.
Employer implications/action needed Employers should monitor the progress of this anticipated regulatory modification and start to plan changes to occupational risk prevention measures.
Employer risk N/A
Working time – reduced maximum working hours
Impact date: 10 September 2025 At the end of 2024, the Ministry of Labour and Social Economy and the trade unions agreed to reduce the maximum working time to an average of 37.5 hours per week in 2025 (the maximum is currently 40 hours per week) and associated provisions.
On 6 May 2025 the Council of Ministers approved a draft Bill regulating the reduction of the maximum working time. The Bill must next be approved by Parliament. The Bill has not yet been published, but based on the information currently available, it is understood to include:
- Reduction in the maximum working time to 37.5 hours per week, without any salary reduction
- Working time registry: a reinforced obligation for the actual working hours of employees to be recorded through a digital timekeeping system and to provide greater transparency
- Right to disconnect: an unwaivable right for employees to disconnect from work-related communications (emails, calls, messages) outside of their designated working hours. Employers are required to implement clear internal policies and procedures to support this right in conjunction with employee representatives
- Enforcement: specific penalties for non-compliance with the new working time regulations under the Law on Infractions and Penalties in the Social Order (LISOS)
- Transitional provisions: Companies must implement a digital working time registry, adapt their working hours and establish internal policies for the right to disconnect by 31 December 2025. All collective agreements and employment contracts must reflect the new maximum. For part-time contracts where the average working time over the reference period is equal to or exceeds the maximum weekly working time, such contracts will automatically be converted into full-time employment contracts upon the implementation of the new legal working hours
On 10 September 2025, the Spanish Congress rejected the draft Bill, thereby blocking the legislative process.
Employer implications/action needed N/A
Employer risk N/A
Links N/A
Internships
Impact date: Awaited 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 Labour 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.
Sustainable mobility plans
Impact date: Awaited 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.
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