Frequently Asked Questions

The information on this page does not exempt you from consulting the Labor Code and Labor Law in force.

The contents here present may change at any time, in case of doubt, seek legal advice from a specialized professional.

Protection of Maternity and Paternity

Does the pregnant worker have the right to take time off work to attend antenatal appointments?

Yes. The pregnant worker may attend pre-natal appointments and pre-natal classes for the number hours and number of times which are necessary and justified, with no loss of wages or privileges for these absences.

Does the worker who is pregnant, has recently given birth or is breastfeeding have the right to special health and safety conditions in the workplace?

Yes. To avoid exposure to risks to their health and safety under the following terms:

• - Without prejudice to other obligations foreseen in special legislation, in activities liable to involve specific exposure to agents, processes or working conditions, the employer should assess the nature, degree and duration of the exposure of the worker who is pregnant, has recently given birth or is breastfeeding, to determine any risk to their health and safety and the repercussions for the pregnancy or breastfeeding as well as the measures to be taken.
• - Without prejudice to the right to information and consultation laid down in special legislation, the worker who is pregnant, has recently given birth or is breastfeeding has the right to be informed in writing of the results of the assessment, as well as the protective measures that should be taken. Whenever these results show risks to the health and safety of the worker who is pregnant, has recently given birth or is breastfeeding, or when the pregnancy or breastfeeding is affected, the employer should take the measures necessary to prevent the exposure of this worker to these risks, particularly:
  • - By adapting their working conditions;
  • - If the adaptation referred to in the previous sub-paragraph is impossible, takes too long or is too difficult, the worker who is pregnant, has recently given birth or is breastfeeding should be given other duties which are compatible with their condition and occupational category;
  • - If the measures referred to in the previous sub-paragraphs are not feasible, to allow the worker to stay off work for the time necessary to prevent their exposure to these risks.
• - Workers who are pregnant, have recently given birth or are breastfeeding are forbidden to undertake all activities which the assessment has shown to present risks of exposure to agents and working conditions which endanger their health or safety;
• - Activities which are liable to present a specific risk of exposure to agents, processes or working conditions, as well as the agents and working conditions referred to in the previous sub-paragraph are laid down in special legislation.

Is the worker allowed off night work?

Yes. The worker is allowed off work between 8pm on one day and 7am the following day for:

• - A period of 112 days before and after giving birth, of which half must be before the forecasted birth date;
• - The remaining period of the pregnancy, if a doctor's note is presented stating that it is necessary for her health or the health of the baby to be born;
• - For the whole breastfeeding period, if a doctor's note is presented stating that it is necessary for the mother's or the baby's health;
• - The female worker who is allowed off night work, will be given compatible daytime working hours as soon as possible, but if this is not possible, the worker will be allowed off work altogether.

Does the worker who is pregnant or has children under the age of 12 months have to do overtime?

No. The worker does not have to do overtime. This situation also applies to fathers who have taken paternity leave.

Can the worker who is pregnant or who has recently given birth be dismissed?

The employment contract of workers who are pregnant, have recently given birth or are breastfeeding may only be terminated after an opinion has been issued by the competent authority responsible for equal opportunities between men and women, within the Ministry of Labour and Solidarity.

How long is maternity / paternity leave?

The working mother has the right to initial maternity leave of 120 consecutive days, and to be paid 100% of the reference wage. The remaining days may be taken, totally or partially, before or after the birth of the baby, but the mother has to take at least 6 weeks leave after the birth of the baby. Workers who have suffered a miscarriage are given leave of between 14 and 30 days, on presentation of a medical certificate.

In the case of multiple births, the period of leave is increased by 30 days for each sibling in addition to the first.

In cases where there is a risk to the health of the worker or the newborn which prevents the worker from fulfilling her duties and if she is guaranteed neither work duties nor a job location which are compatible with her condition, the worker has the right to leave from work before the birth on the orders of a doctor, for the time necessary to prevent any risk, without prejudice to the maternity leave of 120 days.

If the mother or the child is admitted to hospital during the period immediately following the birth, the period of maternity leave is suspended for the time spent in hospital, when requested by the mother.

What are the exclusive rights of the working father?

The father has the right to exclusive paternity leave of 10 working days taken either consecutively or partially and paid at 100% of the reference wage, which must be used consecutively immediately during the 30 days after the birth of the son/daughter, and five of which must be used consecutively from immediately after the birth. After this leave has been used, the father still has the right to 10 working days, taken either totally or partially, and paid at 100% of the reference wage, if the days are taken at the same time as the initial maternity leave of the mother and the employer is advised 5 days in advance. In the case of multiple births, the leave foreseen in the previous paragraphs is supplemented by two days for each baby in addition to the first, paid at 100% of the reference wage.

The father also has the right to take time off on three occasions to attend pre-natal appointments.

How are wages paid during the period of maternity / paternity leave?

The worker will not receive any wages from the employer during these periods, but will have the right to a social security subsidy.

Do the mother or father have the right to time off work to breastfeed or bottle-feed the baby?

If both parents work professionally, either one or both parents have the right to time off every day for bottle feeding, as decided by mutual agreement, until the child reaches one year of age, this time off to be used in two different periods for a maximum duration of one hour each, except in cases where a different system has been agreed with the employer, who should be advised 10 days in advance that they will be bottle feeding the child. In the case of multiple births, the time off is supplemented by 30 minutes for each baby in addition to the first. If either parent works part-time, the daily time off for bottle feeding is reduced in proportion to the respective normal work period, and may not be less than 30 minutes.

How long is maternity / paternity leave in the case of adoption?

In the case of the adoption of children under the age of 15, the candidate for adoptive parent has the right to initial maternity/paternity leave from the time the minor is legally or administratively entrusted to them. In the case of multiple adoptions, the period of leave is supplemented by 30 days for each additional adoption. The daily subsidy for adoption is equal to the subsidy foreseen for initial maternity/paternity leave.

Does the worker have the right to be absent from work if their children are ill and are still minors?

Yes. The worker has the right to be absent from work for a maximum of 30 days per year, to provide urgent and vital assistance in the case of the illness or accident of biological children, adopted children or stepchildren under the age of 10. In these circumstances, the worker may ask for sick leave, and will receive 65% of their basic wage in sick benefit.

If a child under the age of 10 is admitted to hospital, the worker may take time off work until they are discharged, but the mother and father or others with the same status may not both take time off work at the same time. Workers who have been made guardians or to whom the care of the child has been entrusted by legal or administrative decision are regulated by the same provision.