Royal Decree-Law 5/2023 of 28 June has introduced new employment measures with effect from 30 June 2023.
The Royal Decree-Law introduces a new parental leave for the care of a child or foster child for more than one year, which can be taken until the child reaches the age of 8. This leave, lasting no more than 8 weeks, continuous or discontinuous, is non-transferable and may be taken in a flexible manner.
It extends the right to adapt the working day for people with dependents to those who can prove that they have duties of care for children over 12 years of age, the spouse or common-law partner, relatives up to the second degree of consanguinity of the worker, as well as other dependents when the latter live in the same home, and who are unable to look after themselves.
In the event of refusal by the company, it must justify this opposition or, where appropriate, a possible alternative solution.
Establishes leave of absence from work with pay in the following cases:
(a) 5 days (as opposed to 2 in the current regulation) due to serious accident or illness, hospitalisation or surgery without hospitalisation requiring home rest. This leave may be taken by persons who live with the worker who requires care in the same home and also by unmarried partners within the scope of the leave, as well as by blood relatives of the unmarried partner.
b) 4 paid days for the new entitlement to be absent from work due to force majeure when necessary for urgent and unforeseeable family reasons, in the event of illness or accident making their immediate presence indispensable. In the case of leave due to death of spouse (2 days), allowance is made for unmarried partners.
(c) 15 calendar days in case of registered partnership.
REDUCTION IN WORKING HOURS
Those who need to take direct care of a relative up to the second degree of consanguinity of the spouse or unmarried partner, including the unmarried partner’s blood relative, may apply for reduced working hours, provided that there were no relatives by direct consanguinity up to the second degree.
The right to a reduction in the working day is extended to care for children or disabled dependents under 26 years of age who have cancer or another serious illness, when the degree of disability exceeds 65%, as long as this condition is accredited before the age of 23.
Unfavourable treatment of women or men for exercising their rights to reconciliation or co-responsibility for family and working life shall constitute discrimination on grounds of sex.
EXTENSION OF THE PROHIBITION OF DISMISSAL
Likewise, the Royal Decree-Law extends the labour measures linked to the enjoyment of public aid, so that the increase in energy costs may not constitute objective grounds for dismissal until 31 December 2023. Failure to comply with this obligation will entail the reimbursement of the aid received.
