In transposition of the European reconciliation directive, the family law approved by the Council of Ministers includes several work permits to help households in caring for children, dependents or cohabitants. A pending subject in Spain for years, where the Workers’ Statute only allows two days of absence for very serious causes such as death, a complicated illness or an accident of relatives up to the second degree.
EL PERIÓDICO, from the Prensa Ibérica group, has had access to the new permissions created by law and the conditions established by the bill to be able to request them. Of course, the new cancellations will not enter into force until the law reaches the Official State Gazette, something that can take months even if it is processed urgently.
five day leave
The new law establishes that all workers, with “prior notice and justification”, may be absent from their job, with the right to remuneration, up to five days “Due to serious accident or illness, hospitalization or surgical intervention without hospitalization that requires home rest of the spouse, common-law partner, or relatives up to the second degree by consanguinity or affinity, as well as any other person other than the above, who lives with the worker at the same address and who requires the effective care of that person.
four day leave
Workers will, in turn, have the right to be absent from their job for “cause of Force Majeure when necessary for family reasons urgent and unpredictablein case of illness or accident, which make their immediate presence essential”.
Likewise, the legal project indicates that workers, regardless of whether they are self-employed or employed by others, “shall have the right to be hours of absence paid equivalent to four days a year, in accordance with the provisions of the collective agreement, or, failing that, in an agreement between the company and the legal representation of the workers”. Finally, it indicates that the reason must be “accreditedbefore the company by the interested party.
parental leave
The standard also contemplates a parental leave for the care of a child until the minor reaches the age of 8 and which will last for up to eight weeks, which will be enjoyed continuously or discontinuously but for full weeks, full-time or part-time, “when the needs of the service allow it.” It is a sick leave unpaidlike a kind of leave that can be enjoyed, for example, during the school holidays or those first weeks in the nursery or the infant stage in which the incorporation to the educational center is progressive.
The law establishes that it is a individual right of the parents, adopters or foster parents, without being able to transfer it to the other parent.
It must be the worker who specifies to the company the start and end date of the permit, with a advance of 15 days. And if the law comes into force next year, the leave will be for a maximum of six weeks, and the following year, it is already contemplated that it will be for eight weeks.
Permits for officials
Related news
Officials are governed by the Basic Statute of Public Employees and the rule establishes that these workers may enjoy five days “due to serious accident or illness, hospitalization or surgical intervention without hospitalization that requires home rest of the spouse, common-law partner or relatives up to first grade by consanguinity or affinity, as well as any other person other than the above with whom they live”. However, if it is a second-degree relative, the permit will be four days. And these casualties do not accumulate to those enjoyed by the rest of the workers.
In the case of the death of the spouse, common-law partner or family member within the first degree of consanguinity or affinity, they may enjoy Three working days when the event occurs in the same location, and five business days, when it is in a different location. In the case of death of a family member within the second degree, the permit will be two business days when it occurs in the same locality and four business days when it is outside.