Objective: To describe the legislation existing in Spain on the protection of women in paid work after giving birth.
Setting: Spanish legislation was reviewed and the following aspects examined: time off for childbirth, leave to care for children, hours for breast-feeding, reduction in the working day for the care of small children and time off because of children being ill.
Measurements and main results: Time off for childbirth is 16 weeks, of which 6 must be after the birth. If both parents work, the father can opt for the last 4 weeks. The amount paid is 100% of the regulated basic wage and will be paid directly by the relevant managing body. Both workers under the general regimen and those under special regimens can receive this benefit. Workers in normal employment can have unpaid leave for a period of up to three years. Other measures are the daily period of one hour for breast-feeding a child under 9 months, the reduction in the working day by between a third and a maximum of half its length to care for children under 6 and the possibility of being away from work for two days because of a child's serious illness.
Conclusions: The existence of specific legislation protecting maternity is an important, though insufficient, step towards guaranteeing equal opportunities for men and women in the labour market. Specially noteworthy is the reconciliation of paid work and family responsibilities.