The Law on Families in Spain: New Leave and Care Measures
The new work permits to care for cohabitants and family members.
The Ley de Familias (Family Law) is a landmark piece of legislation promoted by the Spanish government to promote work-life balance among the country’s workers. Its goal is to recognise the diversity of family dynamics and overcome the obstacles people face in harmonising work and family care.
Through a Royal Decree Law, urgent measures have been implemented to complete the adaptation of Directive (EU) 2019/1158, focused on reconciling family and professional life for parents and carers.
Breastfeeding Leave
Until now, the right to be absent from work was conditioned by collective agreements or agreements between the company and the worker. With the amendment presented in Royal Decree Law 7/2023, the leave provided for in article 37.4 of the Workers’ Statute aims to:
- Eliminate restrictions.
- To convert all the possibilities of taking leave, including the accumulation of paid hours of absence, into a right for all workers.
In situations of birth, adoption, foster care or adoption, workers are entitled to one hour of absence from work. This absence may be divided into two fractions for the care of an infant up to 9 months of age.
The duration of the leave shall be adjusted in cases of multiple births, adoptions or fostering. Those who enjoy this right may, at their discretion, replace it by a half-hour reduction in their working day or accumulate it in full days.
This entitlement is not transferable. However, if two employees of the same company request leave for the same event, the simultaneous exercise of this right may be limited for objective reasons of the company’s operation, provided that they are duly justified in writing.
In such cases, the company must offer an alternative plan that guarantees leave for both workers, allowing for reconciliation. If both parents, adopters or carers exercise this right equally, the period can be extended to 12 months, with salary adjustments from the ninth month onwards.
In addition to these provisions, the Royal Decree Law introduces the new parental leave, designed as an exclusive and non-transferable leave for childcare, separate from the leave associated with childbirth.
This leave responds to individual needs and can be extended beyond the birth of children, offering greater flexibility to workers”.
5 days paid leave to care for second-degree relatives or cohabiting partners
An employed person has the right to be absent from work and receive compensation for 5 days for accidents, serious illness, hospitalisation or surgery requiring home rest of:
- Spouse.
- Domestic partner.
- Relatives up to the second degree by blood or affinity.
- Blood relatives of the unmarried partner.
- Any person who shares the home with the employee and needs care.
Those who opt for this leave will retain their salary. In addition, the worker is also entitled to:
- 15 calendar days for marriage or registered partnership.
- 2 days for the death of a spouse, common-law partner or relative up to the second degree of consanguinity or affinity. If travel is required for this reason, the period shall be extended by two days.
Paid leave of up to 4 days for unforeseen emergency family situations.
Employees have the right to be absent from work for reasons of force majeure related to unforeseeable emergencies of their family members or persons with whom they live, such as illness or accidents requiring their immediate presence. This leave can be used for hours or days, accumulating a maximum total of 4 days per year.
During this time, the company is obliged to pay the employee’s normal salary.
For the leave for the death of a spouse, which is extended by 2 days, unmarried partners are also considered.
Reduced working hours and the option of teleworking
Employees have the right to request adjustments in the length and distribution of their working hours, in the organisation of working time and in the way they provide their services, including telecommuting. This is intended to make the reconciliation of work and family life effective.
Those with children have the right to make this request until their children reach the age of twelve. In addition, reduced working hours are an entitlement for those who need to care for children under 12 years of age or for a disabled person who is not employed. This entails a reduction in salary.
Those who need to care for their spouse, common-law partner or a relative up to the second degree of consanguinity can also apply for this reduction. This includes a blood relative of the partner who, due to age, accident or illness, is unable to look after himself/herself and is not employed.
In addition, this right is extended to care for children or disabled persons under 26 years of age and with serious illnesses, provided that the degree of disability exceeds 65% and this condition has been accredited before the age of 23.
Family leave from work
The law protects workers with a leave of absence of up to three years to care for each child, either by birth, adoption or in cases of temporary custody for the purpose of adoption or permanent foster care. This period starts from the date of birth or, failing that, the judicial or administrative resolution.
In addition, those who need to care for their spouse, common-law partner or a relative up to the second degree of consanguinity, for reasons of age, accident, illness or disability, may also apply for a leave of absence of up to two years. This also applies to the partner’s blood relative, provided that he/she is not gainfully employed and cannot look after him/herself.
The time on leave counts towards the employee’s seniority. Participation in vocational training courses is guaranteed, especially upon reinstatement.
During the first year, he/she retains the right to his/her job. Thereafter, he/she is guaranteed a post in the same professional group or similar category.
If you belong to a recognised large family, the period of job reservation is extended:
- Up to 15 months for large families in the general category.
- Up to 18 months for special category families.
Companies cannot dismiss workers on leave.
Companies are prohibited from dismissing employees who are using these leaves. They may not dismiss employees who are making use of these leaves, unless there are justified reasons for doing so, thus avoiding any discrimination. In case of dismissal without just cause, it would be considered null and void by law.
