If your domestic worker is pregnant or has just had a child, it’s normal for several questions to arise at once: how long the leave lasts, if you have to continue paying her salary, and what happens to her position while she’s away. We’re going to resolve everything, with updated figures after the 2025 reform.
A note before starting: the figure has recently changed
If you have consulted this elsewhere and saw the figure of 16 weeks, that information is outdated. Since the reform that came into force for triggering events after July 31, 2025, leave for birth and care of a minor is 19 weeks, not 16. This change also affects domestic workers: although their employment relationship is special, in this matter Article 48.4 of the Workers’ Statute applies directly, just like to any other worker.
How the 19 weeks are structured
It’s not necessarily 19 consecutive weeks. They are divided into three blocks with different rules:
| Block | Duration | How it is taken |
|---|---|---|
| Mandatory leave | 6 weeks | Uninterrupted, full-time, immediately after birth |
| Flexible leave | 11 weeks | Accumulated or interrupted, in weeks, until the minor turns 12 months old |
| Additional weeks | 2 weeks | Accumulated or interrupted, usable until the minor turns 8 years old |
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Adding the three blocks: 17 weeks (119 days) correspond to the minor’s first year of life, and the 2 additional weeks (14 days) can be saved and used at any later time, until the minor turns 8 years old. The maximum ordinary total is 19 weeks, 133 days.
Who pays the salary during these weeks? (spoiler: it’s not you)
This is the doubt that most reassures employers as soon as they resolve it: during the suspension of the contract, it is not you who pays the salary. The contract is suspended —not terminated— and it is the Seguridad Social (Social Security) who directly pays the economic benefit to your domestic worker, provided she meets the required contribution requirements.
Your obligation during that period is limited to maintaining the registration and corresponding formal obligations, not to assuming the cost of the salary.
What if it’s a single-parent family?
Here is a recent jurisprudential development that you should be aware of, although it is still relatively new. The Constitutional Court, in a November 2024 ruling, based reinforced protection for single-parent families on the prohibition of discrimination and the best interests of the child. Later, the Supreme Court, in October 2025, recognized that in these cases, the weeks that would correspond to the other parent —who does not exist in a single-parent family— can be added, which in practice can raise the total to 32 weeks.
If your domestic worker is in this situation, it is a case that should be reviewed individually, given that it is a relatively recent judicial interpretation.
Other situations that may extend the leave
In addition to the single-parent case, specific extensions may exist in situations such as:
- Multiple birth or adoption.
- Child’s disability.
- Premature birth with hospitalization.
If you find yourself in any of these situations, it is advisable to review your specific case, as extensions are not automatic or identical in all cases.
What happens if the birth was before July 31, 2025?
If the birth, adoption, or fostering occurred before that date, the 19-week regime we have explained does not apply directly: the transitional regime corresponding to the specific date of the triggering event applies. If this is your case, it is advisable to verify it individually before taking anything for granted.
An advantage you might not have known: bonus for hiring a substitute
While your domestic worker enjoys this leave, you can hire another person to cover her position and benefit from bonuses on the contribution for that new hire, especially if the substitute person is unemployed. It is an option to consider if you need to maintain the service during those weeks.
Summary: what you need to be clear about
| Situation | Applicable duration |
|---|---|
| Ordinary regime: birth from July 31, 2025 | 17 weeks (119 days) in the first year |
| Additional weeks, usable up to 8 years | 2 weeks (14 days) |
| Maximum ordinary total | 19 weeks (133 days) |
| Single-parent family | Can reach 32 weeks, according to recent jurisprudence |
| Who pays the salary? | The Seguridad Social (Social Security), not the employer |
| Birth before July 31, 2025 | The transitional regime corresponding to that date applies |
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Does the entire leave have to be taken consecutively?
No. Except for the initial 6 mandatory weeks, your domestic worker does not have to take the rest of the leave all at once. Here are the exact rules on what can be split and what cannot.
The first 6 weeks: no exceptions
The 6 weeks immediately following childbirth must always be taken:
- Uninterruptedly.
- Full-time.
- As a mandatory suspension of the contract.
They cannot be split or moved to another time. This is fixed, with no room for agreement between the parties.
The remaining weeks: here there is flexibility
The rest of the leave —the 11 flexible weeks and the 2 additional ones— can indeed be organized differently:
- By full weeks (the minimum unit is a full week; it cannot be split into individual days).
- Cumulatively or in different periods, as suits your domestic worker.
- Full-time or, if you reach an agreement, part-time.
There is no fixed number of “segments”: your domestic worker can distribute these weeks into as many periods as needed, always ensuring that each block is, at minimum, one full week.
If she opts for part-time enjoyment, it is necessary that you, as the employer, expressly accept it, and it must also be communicated to the Seguridad Social (Social Security) in the corresponding administrative terms. It is not something the worker can decide unilaterally.
How she must communicate the dates to you
Your domestic worker must notify you with a minimum of 15 days’ notice, unless you have agreed to a different period in the contract. It is advisable that this communication be made in writing and indicate:
- The start and end date of each period.
- Whether she will enjoy it full-time or part-time.
- How she plans to distribute the remaining weeks.
- If she intends to link it afterwards with breastfeeding leave.
Remember that the application and recognition of the economic benefit are processed directly with the Instituto Nacional de la Seguridad Social (INSS) (National Social Security Institute): it is your responsibility to maintain the registration and communicate the suspension of the contract, not to manage the payment of the benefit.
What if she also wants to request breastfeeding leave?
Here’s something many employers mistakenly take for granted: they think the worker has to “exhaust” all birth leave before being able to request breastfeeding leave. This is not the case. Breastfeeding leave is an independent right, and your domestic worker can organize it as best suits her:
- First enjoy the 6 mandatory weeks.
- Then request breastfeeding leave —including its accumulation into full days—.
- And later resume the remaining weeks of birth leave, always within the legal period (until the child turns 12 months old, or up to 8 years old in the case of the 2 additional weeks).
This compatibility is not a loose interpretation: it is directly confirmed by the Supreme Court ruling of February 2024, which recognizes that accumulated breastfeeding leave and a subsequent suspension for childcare are compatible with each other. And it is not the only relevant ruling in this regard: the Supreme Court, in March 2020, had already made it clear that no legally unforeseen requirement that reduces the effective enjoyment of breastfeeding leave can be imposed; and in November 2023, it also recognized the right to accumulated breastfeeding leave for part-time workers, respecting the proportionality of their working hours.
How breastfeeding leave can be enjoyed
Breastfeeding leave allows for several modalities: daily absence, a half-hour reduction in working hours, or accumulation into full days. If accumulation is chosen, the calculation is based on the hours of absence that would correspond from reincorporation until the child turns 9 months old, deducting any non-working days.
Summary: what can be split and what cannot
| Situation | Can it be split? | Applicable Rule |
|---|---|---|
| First 6 weeks after childbirth | No | Mandatory, immediate, uninterrupted, and full-time enjoyment |
| Remaining weeks until the leave is completed | Yes | In periods of full weeks, until the child turns 12 months old |
| Part-time enjoyment | Yes, with agreement | Requires your consent as an employer and communication to the Seguridad Social (Social Security) |
| Subsequent breastfeeding leave | Yes | Can be enjoyed after the 6 weeks, before or after the remaining weeks |
| Communication to the employer | — | In writing, indicating dates and modality, usually with 15 days’ notice |
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Do you have questions about your domestic worker’s leave?
At empleadosdehogar.es, we help you correctly manage the suspension of the contract during this leave, the available bonuses if you need a substitute, and any questions about your specific case. Write to us on WhatsApp and we’ll solve it together.