The court ruling, dated September 12, 2024, establishes that workers can enjoy greater flexibility when requesting five days’ paid leave to care for sick family members.
This judicial decision comes in response to a growing social demand for measures to facilitate work-life balance and care for loved ones. By recognizing the right of workers to organize their time more autonomously, the NA contributes to building a fairer and more equitable labor framework.
What does the judgment of the Audiencia Nacional establish?
The National Court has ruled that employees are not obliged to start the five-day leave immediately after the causal event (illness, hospitalization, etc.). Employees may decide when to start the leave based on their work-life balance needs, as long as the triggering event persists. If the causal event occurs on a weekend or holiday, the leave may begin on the next working day.
The ruling rejects the restrictive interpretation of the companies, which demanded that the leave begin on the same day as the causal event.
Implications of this ruling
By allowing greater flexibility, the ruling helps to reduce the gender gap, as it makes it easier for men to assume a greater share of care responsibilities. The NA’s decision represents a significant advance in the reconciliation of work and family life, by giving workers greater autonomy to organize their time.
Required Documentation
- Written request. Specifying the name of the employee, the family member to be cared for, the reason for the leave (illness, hospitalization, etc.) and the dates on which the employee wishes to take the leave.
- Medical report. It is essential to submit a medical report attesting to the illness, hospitalization or situation requiring special care of the family member. This report must be issued by a health professional and must specify the seriousness of the situation and, if applicable, the need for home care.
- Document that accredits the relationship. A document proving the family relationship between the worker and the person to be cared for is usually requested. It can be a birth certificate, family book, etc.
- Proof of cohabitation. If the family member is not in the same household, it may be necessary to present proof of cohabitation.
Depending on the particular situation, additional documents, such as a hospital discharge, social report, etc., may be requested.