Labour developments surrounding the work-life balance of parents and carers

04/07/2023

The Royal Decree-Law 5/2023, of 28th June, which adopts and extends certain measures in response to the economic and social consequences of the war in the Ukraine, to support the reconstruction of the island La Palma and other situations of vulnerability; to transpose European Union Directives on structural modifications of commercial entities and work-life balance of parents and carers; and to implement and enforce European Union Law, was published in the Official State Bulletin (BOE) on 29th June 2023, and entered into force on 30th June 2023.

In the area of work-life balance of parents and carers, we highlight the following labour developments:

Extension of the right to adjust working hours, including remote work. Amendment of article 34.8 of the Statute of Workers (ET).

The scope of the right to request adjustments is extended to employees that have caring needs with respect to children older than twelve, a spouse or civil partner, family members up to the second degree of consanguinity and other dependents that live at the same address and are unable to look after themselves.

The right to return to the previous situation once the agreed period is finalised or when the reasons for the request disappear is established.

Extension of paid leave for caregivers and in case of death. Amendment of article 37.3 of the ET.

The number of days and the subjective scope of this paid leave are extended to include the spouse, civil partner and the co-inhabitants over whom the effective care falls.

Leave due to family emergency. Amendment of article 37.9 of the ET.
The subjective scope of the rights of care of dependents is extended. Articles 37.6 and 46.3
Specific parental leave for the care of children, or minors fostered for more than one year, until the minor reaches 8 years old.
Justification for deferral of parental leave. Articles 37.4, 37.6 and 46.3 of the ET are modified so that, in the case of a coincidence in the same company of family-related leave of absence by both parents, the company must present an alternative benefit plan, if substantial and objective reasons which would prevent the simultaneous leave of both parents exist.
Discrimination for exercising the right to work-life balance.
Concept of joint responsibilitybetween women and men.
Suspension of the employment contract due to birth and care of a minor in single-parent families.
Protection against dismissal. Articles 53.4 and 55.5 of the ET and articles 108.2 and 122.2 of the Regulatory Law on Social Jurisdiction are amended
Calculation of redundancy compensation in the event of contract suspension in virtue of the new parental “leave”.