New regulations in the area of reconciliation of family and professional life for parents and carers

On 29 June last, the BOE published certain measures in response to the economic and social consequences. Among the most important new measures is the reconciliation of family and professional life for parents and carers.

Amendments to the Workers’ Statute

1. The right of workers not to be discriminated against on the basis of sex, including unfavourable treatment of women or men for exercising the rights of reconciliation or co-responsibility for family and work life.
2. The right to adapt the working day is extended to those workers who have care needs with respect to children over 12 years of age, the spouse or unmarried partner. As well as any other dependent person who lives in the same home and cannot look after themselves.
3. 5 days for serious accident or illness, hospitalisation or surgery without hospitalisation that requires home rest of the spouse, common-law partner or relatives up to the second degree by blood or affinity.
4. Paid leave of 2 days for the death of the spouse or relatives up to the second degree of consanguinity or affinity is extended to unmarried partners. When for this reason the worker needs to travel for this purpose, the period will be extended by 2 days.
5. Workers shall have the right to be absent from work due to force majeure when necessary for urgent family reasons related to relatives or cohabitants.
6. A reduction in the working day is provided for those who need to take direct care of a family member up to the second degree of consanguinity of the spouse or common-law partner.
   In addition, a new parental leave is envisaged for the care of a child or foster child for a period of more than one year, until the child reaches the age of 8.
7. In addition, new parental leave is provided for the care of a child or foster child for a period of more than one year, until the child reaches the age of 8.

It introduces new grounds for the nullity of dismissals in the following cases

• During parental leave.
• During the request for leave: Due to serious accident or illness, hospitalisation or surgery without hospitalisation requiring home rest of the spouse, unmarried partner or relatives up to the second degree by blood or affinity, including the unmarried partner’s blood relative, as well as any other person other than the above, who lives with the worker in the same home and who requires effective care of the worker.
• Where the worker has requested or is benefiting from an adaptation of the working day.

If you have any questions regarding this subject, please do not hesitate to contact us, by telephone to Isabel Torre Carazo or by e-mail to itc@btsasociados.com, we will be delighted to help you.