Maternity, Adoption and Working Parents!



For all you working parents out there that are expecting or those adopting or plan to do so in the future:

Maternity leave is currently 112 days or a proportional part thereof depending on the period of contribution, and you are entitled to Maternity pay.  You have 15 days in which to apply for this.  You will be entitled to a daily rate based on the basic taxable amount on your wage slip.  From the gross daily rate you are due, your Social Security and your income tax will be deducted.

In the case of birth only and not adoption (request more information if your are adopting, as it is more complicated): within the first 15 days after your child is born you must attend your local Civil Registry with the paperwork received from the hospital and your ID, and register your new born.  The Registry will issue you a “Libro de Familia” or Family Book. This is just one of the documents that will be needed to apply for your maternity pay.  You will also require the following documents:

  • ID:  Copy of your passport and NIE/ Residencia
  • A Maternity Certificate from your work, stating your earning during the last 6 months.
  • Your “baja de maternidad” note from the doctor
  • Proof of your bank account number.
  • Family Book

If you partner is also to claim maternity leave then you will be required to inform the Social Security.

Working mothers also have the right to a 100€ allowance that can be paid in one of two ways:  Either it can be taken in monthly instalments and paid into the parent’s account or it can be deducted from your yearly income tax.

A word to the wise, your maternity payment depends very much on the basic taxable amount on your wage slip and therefore I urge future parents to try and ensure (I know that this is difficult at times) that this amount reflects the correct hours that you are working.  Undeclared hours on contract will not benefit you in any way when you need to apply for any type of benefit, allowance, or your pension.

Working mothers also have a right to a reduction in the working day for breast feeding.

In the cases where you are breast feeding and find yourself in a work environment that could potentially endanger your health, you may ask that the company to change your position while you continue to breast feed.  If the company cannot make available to you another less health endangering position, then you can ask that your contract be suspended and you have a right to receive 100% of your basic wage until your baby is 9 months old, you cease breast feeding or your employment is terminated.  To apply for this you must have medical proof and a doctor’s certificate to back up your claim.