2 additional weeks of maternity/paternity leave in 2026: who can request them and how to apply
If your baby was born after August 2, 2024, you are entitled to 2 extra weeks of 100% paid leave that you can use until they turn 8. We explain everything without jargon.
When the Government extended birth leave from 16 to 19 weeks in July 2025 through Royal Decree-Law 9/2025, it included something very few families know about: 2 additional weeks of 100% paid leave that you don't have to use immediately after birth. You can save them and enjoy them at any time until your child turns 8.
If you have a baby born after August 2, 2024, you may still be able to claim them. And if you are expecting a baby now, these weeks are already part of your right from day one.
What exactly are these 2 additional weeks of leave?
Birth leave in 2026 has a 19-week structure divided into three blocks. The 2 additional weeks are the third block and work completely differently from the others:
| Block | Weeks | When to use them | Mandatory? |
|---|---|---|---|
| 1. Mandatory weeks | 6 weeks | Immediately after birth | Yes, full-time |
| 2. Flexible weeks | 11 weeks | Before the baby turns 12 months | No, at your own pace |
| 3. Additional weeks | 2 weeks | Until the child turns 8 years old | No, whenever you want |
The key is in that third block: you have until your child turns 8 to use them. You can save them for back to school, for a moment of exhaustion, for an ear operation, for when they start school at 3 years old... Whatever you need.
Who can apply for the 2 additional weeks of leave in 2026?
Here is the most important requirement: your baby's date of birth. There are two different scenarios depending on when they were born:
Baby born after July 31, 2025
You have direct access to the full 19 weeks (including the 2 additional weeks) from birth. You can apply for them at any time, together with the rest of the leave or separately.
Baby born between August 2, 2024, and July 30, 2025
You are entitled to the 2 additional weeks retroactively. You can apply for them from January 1, 2026, and enjoy them until your child turns 8.
Single-parent family
If you are a single-parent family, instead of 2 additional weeks, you are entitled to 4 weeks. The total leave amounts to 32 paid weeks.
Multiple birth or baby with a disability
An additional week is added for each child after the first in multiple births, and 1 additional week if the minor has a recognized disability.
How to apply for the 2 additional weeks: step by step
The process is simpler than it seems if you know what to do. We summarize it in 4 steps:
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1
Notify your company 15 days in advance
Before doing anything with Social Security, you must inform your company of the dates you wish to take the weeks. Do so in writing (email or burofax) and keep proof of receipt. The company must issue a certificate for the INSS to process the benefit.
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2
Apply online on the Social Security Portal
The INSS has enabled the process on its Benefits Portal (prestaciones.seg-social.es). You need electronic identification: electronic DNI, digital certificate, or Cl@ve PIN. This is the fastest and most recommended method.
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3
You can also apply by mail or at a CAISS office
If you do not have a digital certificate, you can send the application by postal mail to the INSS or make an appointment at your Social Security Information and Assistance Center (CAISS). The deadlines are somewhat longer via this route.
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4
Await resolution (approx. 10 days)
Once the application is sent, you will receive notification in about 10 days. The INSS will directly pay the benefit to your bank account. If you do not receive a response within the deadline, administrative silence implies denial, so it is important to follow up.
The 15-day notice to the company is the step most families forget or do incorrectly. An error in communication can delay payment for weeks or even cause labor conflicts. If you are unsure how to write it, our Pro Pack includes the drafting and review of all communications to your company.
How to enjoy them? Flexibility options
One of the great advantages of these 2 additional weeks compared to the rest of the leave is their total flexibility. You can choose:
Continuous or in weekly periods
You can take the 2 weeks consecutively or separate them. For example, one week when the baby starts daycare and another when they start school.
Full-time or part-time
You can enjoy them full-time or agree with your company to enjoy them part-time (in which case they are extended to double the time).
Anytime until age 8
There's no rush. You can plan them calmly and use them at the moment in your child's life cycle when you need them most.
Independent for each parent
Each parent has their own 2 weeks. They are non-transferable: you cannot give them to the other, but both can use them at different times.
How to combine the 2 additional weeks with other rights
These weeks are compatible with other leave and labor rights. If you plan them well, you can build a very powerful work-life balance strategy. Here are the most common combinations:
Rights compatible with the 2 additional weeks
- Accumulated lactation: You are entitled to 1 hour daily until the baby is 9 months old, which you can accumulate into full days. It is compatible and can be enjoyed right after your leave ends.
- Reduced working hours: You can reduce your working hours by 12.5% to 50% to care for children under 12. The company cannot deny this.
- Leave for care: Up to 3 years unpaid but with job retention for the first year. It can be combined with the 2 weeks before or after.
- Parental leave (8 weeks): This is an additional unpaid right (unless otherwise specified by collective agreement) of up to 8 weeks until the child turns 8. It is different and independent from the 2 additional paid weeks.
Frequently asked questions about the 2 additional weeks of leave
Can I request the 2 additional weeks if my leave ended months ago?+
Yes. If your baby was born between August 2, 2024, and July 30, 2025, you can request the 2 additional weeks even if you have already returned to work. You can apply for them from January 2026 and enjoy them at any time until your child turns 8. You do not have to have requested them along with the rest of your leave.
Am I entitled to these weeks if I am self-employed?+
Yes, with nuances. As a self-employed person, you are entitled to the same 19 weeks of birth benefit, provided you are up-to-date with your contributions. The application process is different from that for employed workers. If you have questions about how to process it as a self-employed person, we explain everything in our Advisory Service for Self-Employed Individuals.
How long does the company have to respond to my communication?+
The law requires you to give at least 15 days' notice. The company must issue the necessary certificate for the INSS to process the benefit. If the company obstructs or does not issue the certificate, you can claim it before the Labor Inspectorate. At Babybelegal, we help you draft the communication correctly with our Pro Pack.
Can the two parents use the 2 additional weeks simultaneously?+
Yes. Each parent has their own 2 weeks and they are non-transferable to each other, but they can be enjoyed at the same time if they so decide. However, in practice many families prefer to stagger them so that a parent is always available at key moments.
What happens if my company does not want to grant me these weeks?+
These 2 additional weeks are a right recognized by law (Royal Decree-Law 9/2025). The company cannot refuse to grant you leave. A dismissal during the enjoyment of leave is considered null and void. If your company does not cooperate, you can go to the Labor Inspectorate or contact us for guidance through our Birth Procedures Advisory Service.
Am I entitled to the 2 weeks if I adopted or fostered a minor?+
Yes. Birth leave also applies to cases of adoption, foster care for adoption purposes, and family fostering. The same dates and conditions apply, counting from the date of the judicial or administrative resolution.
Conclusion: don't let what's rightfully yours expire
The 2 additional weeks of leave in 2026 are one of the most important legislative changes for families this year, and also one of the least known. If your baby was born after August 2, 2024, you are entitled to them. And the good news is that there's no rush: you can save them for when you need them most, until your child turns 8.
The only mistake would be not requesting them due to lack of knowledge or an error in communication with the company. If you want to make sure you do it correctly and without worries, at Babybelegal we take care of managing your leave, maternity weeks, paternity weeks, and the entire conciliation strategy so you only have to enjoy your family.
We take care of everything, you just enjoy your family.
We process your leave, the additional weeks, and the entire work-life balance strategy. No errors, no waiting, no stress.
