Family law: the new work permits that are already in forcé

On 30 June, following the publication of Royal Decree-Law 5/2023 of 28 June, new work permits came into force, included in the Family Law. Its approval aims to respond to the need for reconciliation experienced by workers after facing situations in which the health of their family members and their employment are at a point of incompatibility.
These new developments include new circumstances in which workers can take paid and unpaid time off from work, which also includes unmarried couples. Below, we explain what the most important new features are:

New paid leave of absence from work

  • Entitlement to 5 days paid leave for workers who have to care for a family member up to the first degree due to serious illness, hospitalisation or surgery without hospitalisation requiring rest at home. 
  • 4 days paid leave per year for absence from work due to force majeure, such as illness or accident, requiring the immediate presence of the family member. 
  • Eight weeks of unpaid leave for workers who need to care for children under 8 years of age. 
  • The right to 15 days' leave is recognised in the event of the registration of a domestic partnership, which is equivalent to marriage.

New unpaid parental leave for childcare

New non-transferable unpaid parental leave of 8 weeks to care for children or foster children before their 8th birthday. It may be taken continuously or discontinuously and on a full or part-time basis. 

New cases of reduced working hours

New right to reduce working hours for the direct care of a relative up to the second degree of consanguinity of the spouse or common-law partner.
A new reduction in the working day is included for all those families with children under 26 years of age who suffer from cancer or another serious illness with a degree of disability greater than 65%, as long as they are accredited before the age of 23.

Single-parent families

In the case of a single-parent family, the worker will be able to take the joint days that having two parents in the same home would entail.
For more information on how this new regulation affects the leave of your company's employees, please contact the Employment Department of CINC Asesoría:
933 030 060
972 505 100
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