Nowadays there is a lot of talk about family conciliation, the ability to combine work and family life.

Through the Royal Decree Law 5/2023, of June 28, the new measures for family conciliation and the personal life of parents and caregivers were published; modifying the Workers' Statute (Royal Legislative Decree of 2/2015), measures that came into force as of September 1, 2023.

Apart from permits, it is established that unfavorable treatment between women and men when exercising their rights to reconcile work and family life will be considered discrimination based on sex.

New permits have been included, and variations and changes have been approved with respect to some that previously existed.

In the following table we summarize the modifications and impacts. It must be taken into account that not all permits will be paid.

Thus, in the case of parental leave The right to request a maximum of 8 weeks, continuous or discontinuous, for the care of children under 8 years of age has been introduced. This permit can be enjoyed full-time or part-time. The worker must request it at least 10 days in advance (or whatever the agreement specifies), indicating the start and end date. This leave will not be paid.

The permissions for serious illness, accident, with or without hospitalization; are extended from 2 days to 5 days. People who live with the worker who requires care at the same address, de facto couples, as well as blood relatives of de facto couples may benefit from this permit.

In the Leaves for death, marriage, leave of absence or reduction of working hours to care for family members and marriage, the de facto couple is equated to the spouse.

As for the adaptations of the day and its distribution, for caring for dependents, the people who can request this permit have been expanded: people with dependent children under 12 years of age, spouses, de facto partners, relatives up to the second degree of consanguinity, as well as others. dependent persons who live in the same home and who, for reasons of age, accident or illness, cannot take care of themselves. This last case, being a novelty, workers who request it must prove the fact that supports the requested permit and cohabitation with the person.

The negotiation period for the adaptation of the day has been shortened, going from 30 to 15 days. Once this period has elapsed, and if there is no express denial, it will be understood as granting the adaptation of the day by the company.

Another novelty is the authorization of up to a maximum of 4 days to be absent from work due to force majeure, in the event of an accident or illness related to family members or cohabitants that make the immediate presence of the worker essential. These hours of absence are recognized as paid leave in accordance with the terms established by the collective agreement or agreement between the company and the Legal Representation of Workers (RLT). The reasons for absences must be proven.

Brianda single parent families, since there is only one parent, he or she will be able to enjoy the two-week extensions provided for families made up of two parents, in cases of suspension of the contract with reservation of a job due to a child's disability at birth, adoption, in a situation custody for the purposes of adoption or fostering, as well as in multiple births.

Esther Micó García

Tomarial Work Area

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