Effective as of June 30, 2023, RDL 5/2023 introduces amendments to the ET relating to
to new leave and measures for reconciling work and family life. The regulation involves the
transposition into Spanish law of Directive (EU) 2019/1158 on the reconciliation of work and family life.
of family life and the professional life of parents and caregivers.
The measures, effective as of 6/30/2023 are as follows:
Unfavorable treatment on the basis of sex is included as a cause of discrimination on the basis of sex.
women or men for the exercise of the rights of conciliation or co-responsibility for
family and work life (ET art.4.2.c redacc. RDL 5/2023).
2. The right to adapt the length and distribution of the working day is extended to the following persons
who have care needs for children over the age of 12, the spouse of the child or children over the age of 12 who have care needs for children over the age of 12, the spouse
or domestic partner, or relatives by consanguinity up to the second degree. In the case of
of other dependents, the right shall be subject to the condition that they live in the same household.
who, for reasons of age, accident or illness, are unable to care for themselves, and who are unable to care for themselves.
(ET art.34.8 redacc. RDL 5/2023).
The negotiation process with the company for working time adjustment measures is reduced
to 15 days (previously 30 days). Once this time limit has elapsed without expressly motivated opposition, the application
is presumed granted. If the company makes an alternative proposal or denies the request,
must be based on objective reasons.
Workers may return to their pre-adaptation status once they are in the position they were in prior to the adaptation.
the agreed or foreseen period has ended or when the causes that led to the
request. In all other cases, the company may deny the requested return.
only when there are objective and motivated reasons for doing so.
The working day adaptations that are being applied at 30-6-2023 will remain in force, but
will be subject to the new regulation (RDL 5/2023 trans. 2ª).
3. Changes are introduced in the following paid leaves (ET art.37 redacc. RDL.
5/2023):
The right to 15 calendar days of leave is recognized in case of registration of a domestic partnership.
This situation is equivalent to the celebration of marriage.
– leave due to serious accident or illness is extended to 5 days (previously 2 days),
hospitalization or surgical intervention without hospitalization requiring rest
domiciliary. As of 6/30/2023, in addition to family members up to the second degree of kinship, the following will also be eligible to receive the following benefits
of consanguinity or affinity, will be able to cause this right to the spouse and partner of
the blood relative of the unmarried partner, as well as any other person who is not a
person who lives with the worker in the same household and who requires
effective care.
– leave due to the death of a family member is now included in a new article 37.3 b) bis and
is extended to include the death of the domestic partner. The duration of the leave is
maintained at 2 days, extendable by two more days if necessary
displacement.
4. In relation to the reduction of the working day for infant care, in the event that the following are requested
two employees of the same company with respect to the same causal agent, the
company may limit the exercise of this right for well-founded and objective reasons and must, as from the 30th day of the year, limit its
6-2023 offer an alternative plan (ET art.37.4 redacc. RDL 5/2023).
5. The right to a reduced working day is extended to those who need to take care of their children.
spouse or domestic partner, and the blood relative of the domestic partner,
provided that there were no relatives by direct blood relationship up to the second degree (ET
art.37.6 draft RDL 5/2023).
6. A new right is recognized for workers to be absent from work for reasons of
force majeure when it is necessary for urgent family reasons related to
family members or persons living with them, in the event of illness or accident that makes it necessary to
The immediate presence of the employee is indispensable. The hours of absence shall be paid up to a maximum of
maximum of 4 days per year, in accordance with the provisions of the collective bargaining agreement.
the reason for absence must be proven (ET art.37.9 redacc RDL 5/2023).
7. The right to the suspension of the contract due to parental leave is recognized for
the care of a son, daughter or foster child for more than one year (ET art 45.1.o and 48 bis)
RDL 5/2023). This right may be exercised until the child reaches 8 years of age.
Its maximum duration is 8 weeks, continuous or discontinuous, full or part-time.
It is up to the employee to specify the start and end date of the leave of absence, which must be communicated to the employee.
to the company 10 days in advance or as established in the collective bargaining agreement.
When two employees generate this right with respect to the same causative subject, the
company may postpone the granting of the permit for a reasonable period of time, after offering
an equally flexible alternative of enjoyment.
In the case of part-time exercise of this right, the salary to be taken into account for the purposes of the
The calculation of the severance payment will be that corresponding to the full working day (ET
addic.provision.19th.2 redacc. RDL 5/2023).
8. The right to leave of absence to care for a family member is extended to include expressly
care of the spouse and common-law partner and blood relatives of the common-law partner (ET
art.46.3 redacc. RDL 5/2023). The company can limit the simultaneous use of two workers.
with respect to the same causal subject for justified and objective reasons of operation,
but must offer an alternative plan.
9. The duration of the suspension of the contract for the birth and care of a child is extended in the following cases
in the case of single-parent families. The single parent will be able to take advantage of the extensions.
complete suspension of the contract in the case of two-parent families
in the event of disability of the son or daughter or in multiple births (ET art.48 redacc RDL
5/2023).
10. Conciliation measures are protected against dismissal by providing for the enjoyment of all the following
conciliation rights, including new ones, among the grounds for nullity of dismissal
disciplinary and objective (ET art.53.4.a and 55.5 draft RDL 5/2023 and LRJS art.108.2 and 122.2 draft RDL 5/2023 and LRJS art.108.2 and 122.2 draft RDL 5/2023).
RDL 5/2023).