Important Laws & Regulations
Here are some key laws and regulations in Spain that may be particularly useful for mothers and families moving to the country.
Residency & Immigration Laws
• EU/EEA Citizens: EU and EEA nationals can live and work in Spain without a visa but need to register for residency if they stay longer than 90 days.
• Non-EU Citizens: Non-EU citizens must apply for the appropriate visa or residency permit before arriving. For families, Spain offers family reunification options, allowing a spouse and children to join a family member with legal residency.
Healthcare System & Access
• Public Healthcare: Spain has a universal healthcare system, and all residents have access to public healthcare services. Non-EU citizens typically need private insurance unless covered by a public system or EU health insurance.
• Children’s Healthcare: Pediatric care, vaccinations, and routine checkups are provided through the public healthcare system. Parents should register withthe local health center (centro de salud) to ensure children receive necessary immunizations.
Maternity & Paternity Leave
• Maternity Leave: Mothers in Spain are entitled to 16 weeks of paid maternity leave, starting before or after the birth. Leave can be extended for premature or multiple births.
• Paternity Leave: Fathers are also eligible for 16 weeks of paternity leave, designed to promote gender equality and provide support for new parents.
Education & Schooling Options
• Mandatory Education: Education is compulsory for children between the ages of 6 and 16. Public schooling is free, though private and international schools are available.
• Enrollment: Children must be registered in the local municipality (empadronamiento) to enroll in schools. Additionally, many public schools offer special support for children who speak foreign languages.
Parental Rights & Child Custody
• Custody Laws: In cases of separation or divorce, Spanish courts prioritize joint custody arrangements. Decisions on custody are based on the child’s best interests, often resulting in shared custody or visitation rights.
• Parental Authority: Both parents have equal parental rights and responsibilities regarding their children’s upbringing, regardless of marital status.
Labor Laws for Working Mothers
• Flexible Working Hours: Employees with children under 12 are legally allowed to request flexible working hours. Spanish law also supports shorter working hours for new mothers, commonly referred to as “reduction de jornada,” which is partially compensated by social security.
• Workplace Protection: Discrimination against pregnant women or those returning from maternity leave is prohibited. If terminated, mothers have grounds for legal protection and compensation.
Child & Family Benefits
• Financial Support: Families with children under 18 can receive modest financial support, depending on income. For large families or those with disabled children, additional benefits may apply.
• Childcare Subsidies: For parents with low incomes, Spain provides subsidies to help cover the cost of daycare and early childhood education.
Vaccination Requirements for School Enrollment
Vaccination Records: While not legally mandatory, vaccinations are recommended and required by some schools, especially public ones, as part of the enrollment process. Parents should keep updated vaccination records for children.
Driving & Car Seat Laws
• Car Seats: Children under 135 cm in height must use a suitable car seat. This regulation is strictly enforced, and fines can be issued for non-compliance.
• Driver’s License: EU licenses are valid in Spain, but non-EU nationals may need to exchange their licenses or pass a driving test after six months of residence.
Housing & Rental Laws
• Tenant Protections: Spain’s rental laws protect tenants, including families with children. Lease agreements typically last for five years, with automatic renewals, providing stability for long-term renters.
• Community Living: Many buildings and communities have quiet hours, usually from 10 p.m. to 8 a.m., which are enforced by local noise ordinances.