Workers in Spain have the right to request a leave of absence for the care of children of up to three years, a work-life balance measure that allows the employee to temporarily suspend their working activity in order to care for a child without giving up their job. During this period, the company is not required to pay the salary, but it must guarantee the right to rejoin, even though the conditions for reserving the job change depending on the time elapsed. The main difference is in the first year of leave: during those twelve months, the worker has the right to recover exactly their job, while after that the company may assign them another job from the same professional group or an equivalent category.
This possibility is regulated in the article 46.3 of the Workers’ Statute and can be requested both for the birth of a child and in cases of adoption, foster care for the purposes of adoption, or permanent foster care. This is an individual right that corresponds to mothers and fathers, without it being necessary to prove a minimum length of service with the company. In addition, unlike ordinary voluntary leave, rejoining does not depend on whether vacancies are available, a fundamental distinction for those who fear losing their job after dedicating several months or years to caring for their children.
The measure continues to have a marked gender component. According to the latest data published by the Social Security system, between January and September 2026, 44,260 leaves of absence for the care of children and other family members were recorded, of which 36,319 corresponded to women, 82.05%, and 7,941 to men, 17.9%. These figures, which represent a 1.5% increase compared with the same period of 2025, reflect that it is mostly women who continue to use this work-life balance mechanism, although the right can be exercised by both parents.
How long does leave of absence for the care of children last and from when is it counted
The maximum duration of the leave is three years for each child, counted from the date of birth or, when it is adoption or foster care, from the corresponding judicial or administrative resolution. This means that the three years do not necessarily begin when the worker submits the application, but rather that the limit is tied to the birth or the resolution that gives rise to the right.
For example, if a child is born on November 15, 2026, the leave may be enjoyed, at most, until November 15, 2029. If one of his parents decides to apply for it when the child is already one year old, the maximum remaining time will be two years. The regulations also allow to enjoy the leave in installments, so it is not mandatory to use the entire period continuously.
When a new child is born, a new entitlement to leave is generated. However, if the worker was already taking leave for the care of another minor, the start of the new period ends the previous one, as established by the Workers’ Statute.
The leave may be requested by either parent, even when both work. If both are employed in the same company and want to exercise the right simultaneously for the same child, the company may limit that coincidence only for well-founded and objective operational reasons, which it must justify in writing. In that case, it will also be required to offer an alternative that allows both to enjoy the right to reconciliation.
What happens with your job: reservation of 12, 15 or 18 months
One of the biggest concerns of workers who consider applying for this leave is whether they will be able to get their job back when they decide to return. The law establishes two levels of protection, depending on the length of the absence.
During the first year of leave, the company is required to reserve the same position that the worker held before leaving. Therefore, if they request reinstatement within those twelve months, they have the right to recover their job under the conditions that legally correspond to them.
Once the first year has passed, the reservation no longer necessarily refers to the specific position, but rather to another position within the same professional group or an equivalent category. This does not mean that the company can refuse to readmit the employee by claiming that there are no available positions. The Supreme Court, in its judgment 312/2023, of April 26, established that the right to reinstatement is unconditional throughout the entire protected period of this leave, even though the reserved position may change after the first year.
There are also situations in which the reservation of the same position is extended:
-
12 months: general rule for workers who request leave of absence.
-
15 months: when the worker belongs to a large family of general category.
-
18 months: when they are part of a large family of special category.
-
Up to 18 months: when both parents exercise the right with the same duration and regime, under the conditions provided for by law.
These extensions allow the guarantee of returning to the original position to be maintained for a longer time. Once the corresponding period has elapsed, the right to employment in the same professional group or an equivalent category continues until the leave of absence ends.
Is it paid during the leave of absence and does it count for retirement?
The leave of absence for childcare is not a paid permit, so the worker stops receiving their salary during the time they remain in this situation. The company also does not have to continue paying ordinary contributions as if the employee were working.
However, the legislation provides specific protection to prevent the interruption of work from harming certain future benefits. According to the Social Security system, periods of up to three years of leave of absence for the care of each child are considered effectively credited for purposes of benefits such as retirement, permanent disability, birth and care of a minor, and benefits in cases of death and survivors.
This means that a person who remains on leave of absence for two years to care for their child may see that period recognized as credited for calculating their future pension, even if they did not receive a salary during those months. In addition, all time on leave of absence counts for purposes of seniority in the company, so the professional career accumulated by exercising this right is not lost.
The situation is different in the case of unemployment. The State Public Employment Service (SEPE) makes clear that the months of leave of absence are not considered periods of credited employment to generate entitlement to unemployment benefits. However, when the worker later accesses a lawful situation of unemployment, the six-year period used to verify their contributions can be extended retroactively for the time they were on leave of absence.
Therefore, being on leave of absence does not, by itself, provide a right to receive unemployment benefits, since the employment relationship remains in force, although suspended.
How to apply for leave of absence and what to do if the company refuses to rehire you
To request leave of absence for childcare, the recommended approach is to submit a written communication addressed to the company, indicating the worker’s details, the reason for the request, and the planned start and end dates. It may also be necessary to provide documentation that proves the birth, adoption, or foster care situation.
The Workers’ Statute does not establish a specific general notice period for this type of leave of absence, so it is important to review the applicable collective bargaining agreement, which may regulate the formal aspects of the request. In any case, it is advisable to submit the request with sufficient advance notice and keep a copy that allows proof of its receipt.
Reinstatement must also be communicated in writing, preferably before the date planned for the return and respecting any possible requirements of the collective bargaining agreement. The worker may request their return during the legal leave-of-absence period and, as the Supreme Court has recalled, is not necessarily required to use up the time they initially indicated in their application.
If the company rejects reinstatement on the grounds that there are no vacancies, the worker may challenge it in court. The Supreme Court case law has made it clear that, unlike voluntary leave of absence, leave of absence for childcare guarantees the reservation of a job, so the absence of available positions does not automatically eliminate that obligation.
There is also enhanced protection against dismissal. The Workers’ Statute provides for the nullity of dismissals related to the exercise of this right, unless the company can prove legal grounds unrelated to the leave of absence that justify termination of the contract. If the dismissal is declared null, the consequence is reinstatement and payment of the wages not earned, in the legally established terms.
In short, requesting leave of absence for childcare does not mean losing your job or waiving the right to return to the company. The main difference is that, during the first year —or up to 15 or 18 months in certain circumstances—, the same position is reserved, whereas afterward an equivalent one is guaranteed. Knowing these timeframes, the conditions for reinstatement, and their effects on contributions is essential for organizing family care without unnecessarily jeopardizing one’s professional career path.