Key data
| Regulation | Order DEF/787/2026, of July 23 |
|---|---|
| Modified regulation | Order DEF/253/2015, of February 9 |
| BOE Publication | July 31, 2026 |
| Entry into force | July 31, 2026 |
| Affected parties | Professional military personnel of the Spanish Armed Forces |
| Category | Public Sector |
| Year | 2026 |
| Transposed Directive | EU Directive 2019/1158 (work-life balance) |
Professional military personnel of the Spanish Armed Forces are introducing a renewed leave regime as of July 31, 2026. The Order DEF/787/2026 modifies Order DEF/253/2015 to align with the Consolidated Text of the Basic Statute of Public Employees (TREBEP) and complete the transposition of EU Directive 2019/1158 on work-life balance.
The changes are immediate: there is no transitional period. Any military personnel who are on leave or request it from this date onwards must already comply with the new regime.
What does this regulation establish?
Order DEF/787/2026 introduces five specific blocks of changes to the leave regime for members of the Armed Forces:
| Matter | Previous situation (DEF/253/2015) | New regulation (DEF/787/2026) |
|---|---|---|
| Leave for birth per parent | Not aligned with updated TREBEP | 19 weeks per parent |
| Leave for birth in single-parent families | Did not cover this specific case | 32 weeks for the sole parent |
| Protection for violence | Only victims of gender-based violence | Extended to victims of sexual violence; working time reduction with full pay if it does not exceed one-third |
| Leave for organ donation | Did not exist | New permit for preparatory acts of organ or tissue donation |
| Unpaid parental leave (children up to 8 years) | Previous regulation | Maintained with a maximum of 8 weeks |
| Remuneration calculation in working time reductions with on-call duty | No express clarification | Excluded from the discount are days of mandatory rest following on-call duty |
The extension of birth leave is the most significant measure. It completes the transposition of EU Directive 2019/1158, which requires equating the rights of both parents in the public employment sphere. The regulation also clarifies a relevant technical issue for military personnel with on-call duty: when there is working time reduction, days of mandatory rest following on-call duty do not count as reduced working time for remuneration discount purposes.
Economic and operational impact
For the Defense Administration, the main impact is on workforce planning: the extension to 19 weeks per parent implies longer absences that must be covered with available resources in each unit.
- Longer planned absences: the increase in weeks of leave for birth requires more advance management of operational coverage.
- New permit for organ donation: although its frequency will be low, units must be aware of its existence and process it correctly from now on.
- Working time reduction with full pay for victims of sexual violence: if the reduction does not exceed one-third of the working day, there is no salary discount. This has a direct impact on the affected military personnel's payroll and on the unit's personnel management.
- Clarification on on-call duty and discounts: the new rule on mandatory rest following on-call duty prevents undue payroll deductions, reducing potential administrative claims.
Who does it affect?
- Professional military personnel of the Spanish Armed Forces who are or will be parents (leave for birth).
- Military personnel in single-parent family situations (extended leave to 32 weeks).
- Military personnel victims of sexual violence (new protection with paid working time reduction).
- Military personnel considering organ or tissue donation (new permit for preparatory acts).
- Military personnel with dependents up to 8 years old requesting unpaid parental leave (maximum 8 weeks).
- Military personnel with on-call duty and working time reduction (new remuneration calculation rule).
- Commanders, unit chiefs and Defense human resources personnel, responsible for managing and processing these leaves.
Practical example
A sergeant of the Armed Forces whose partner gives birth in August 2026 is entitled to 19 weeks of leave for birth under the new regime, compared to the previous regulation. If he were the sole parent (single-parent family), the leave would amount to 32 weeks.
Suppose furthermore that this military personnel performs on-call duty and has a recognized working time reduction. Under the new regulation, days of mandatory rest following each on-call duty are not deducted from his remuneration as if they were reduced working time. This prevents his payroll from suffering undue cuts due to an incorrect interpretation of the calculation.
On the other hand, if a first corporal is a victim of sexual violence and requests a working time reduction that does not exceed one-third of her usual working day, she will receive her full remuneration without proportional discount, thanks to the new protection incorporated.
What should units and commanders do now?
- Update internal leave processing procedures to reflect 19 weeks for birth and 32 weeks in single-parent families, effective immediately from July 31, 2026.
- Inform unit personnel about the existence of the new permit for preparatory acts of organ or tissue donation, so they can request it when appropriate.
- Review protection protocols to include victims of sexual violence, not just gender-based violence, in working time reduction measures with full pay.
- Verify payroll calculations for military personnel with on-call duty and working time reduction, ensuring that days of mandatory rest following on-call duty are not improperly deducted.
- Plan operational coverage with greater advance notice, given the increase in the duration of leave for birth.
- Consult the complete Order DEF/787/2026 in the official BOE to resolve questions about specific cases.
Frequently asked questions
How many weeks of leave for birth do military personnel have in 2026?
As of July 31, 2026, each military parent is entitled to 19 weeks of leave for birth. In the case of single-parent families, the sole parent may enjoy 32 weeks. These changes are introduced by Order DEF/787/2026, which modifies Order DEF/253/2015.
What does the new permit for organ donation in the Armed Forces consist of?
Order DEF/787/2026 incorporates a specific permit for professional military personnel to be absent due to preparatory acts of organ or tissue donation. It is a new permit that did not exist in the previous regulation (Order DEF/253/2015). The regulation does not specify its exact duration beyond its link to the necessary preparatory acts.
Are military personnel victims of sexual violence entitled to paid working time reduction?
Yes. The new regulation extends protection, which previously only covered victims of gender-based violence, to victims of sexual violence. If the requested working time reduction does not exceed one-third of the usual working day, remuneration is full, without proportional discount.
How does working time reduction affect payroll calculation for military personnel with on-call duty?
Order DEF/787/2026 clarifies that, in cases of working time reduction with on-call duty, days of mandatory rest following on-call duty are excluded from the remuneration discount. This prevents those days from counting as reduced working time and generating an undue cut in the military personnel's payroll.
When does Order DEF/787/2026 enter into force and to whom does it apply?
Order DEF/787/2026 entered into force on the same day as its publication in the BOE: July 31, 2026. It applies to all professional military personnel of the Spanish Armed Forces. There is no transitional period: the new rights are enforceable from that date.
Official source
Consult complete regulation in official source (BOE-A-2026-16655)
Notice: This article is for informational purposes only and does not constitute legal advice. For specific decisions, consult a qualified professional. Source: https://www.boe.es/diario_boe/txt.php?id=BOE-A-2026-16655