The search for a a harmonious balance between family and work life It has emerged as one of the key issues on the political agenda. Both employees and employers have increasingly recognized the benefits of offering greater flexibility in work hours and the workplace.
The goal is to enable workers to improve their quality of life without negatively affecting business performance. In this context, we will examine the tools for balancing work and family life as provided for in the Workers' Statute (ET), as well as how and when they can be implemented.
New Family Work-Life Balance Act
The New Work-Life Balance Law Family The Work-Life Balance Act in Spain aims to improve the balance between workers' personal, family, and professional lives. For example:
1. Family Care and Leave:
The regulations provide for five days of paid annual leave that employees may use to resolve any issues with family members and relatives.
2. Dimensions:
Royal Decree-Law 5/2023 in Spain has implemented new labor measures aimed at helping workers achieve a better work-life balance. This also includes caring for sick family members or children.
3. Family Diversity:
The law also recognizes and protects the rights of children and adolescents, taking into account the various types of families in Spain. This approach respects family diversity and seeks to ensure equal rights for all.
When should you apply?
Request for Family Mediation Measures can be done at various times, since there is a wide range of options tailored to different situations. The feasibility of requesting any of these measures will depend on the employee’s individual and family circumstances.
We could consider the case of reducing one’s work hours to care for a person with a disability or a child under the age of 12. Top of form In this case, in order to qualify for this measure, it is a fundamental requirement that the person receiving care meet the legally established criteria, falling within the categories specified by law.
Who is eligible to apply?
The right to work-life balance in the workplace extends to any employee that meets the requirements set forth in the Workers' Statute (ET) for the measure you wish to request. The company does not have the authority to deny this right and must comply with the terms stipulated by law.
In specific cases, the use of these benefits will be at the discretion of the employee, who must submit the corresponding request. On the other hand, There are cases in which these rights are inalienable; for example, in maternity leave, which sets a mandatory number of weeks of leave.
Work-Life Balance in the Workers' Statute
In the Workers' Statute (ET), various measures are established to promote work-life balance, and it is important to be aware of them. Here are some of them:
Care for infants under nine months of age:
- You are entitled to take one hour off during the workday, which will be deducted in two installments.
- The duration will be increased proportionally in cases of multiple births or adoptions.
- There is also the option of compensating for this by reducing the workday by half an hour.
- Accumulation of full workdays, if agreed upon.
- Not transferable to the other parent, but recognized by both parents for each child.
If a newborn needs to be hospitalized:
- Right to take one hour off in cases of premature birth or postpartum hospitalization.
- Reduction of working hours by up to two hours, with a proportional reduction in pay.
- Both parents may exercise and enjoy this right.
Reduced work hours for the direct care of children under 12, people with disabilities, or family members:
- Protection against potential layoffs.
- Applies to the care of relatives up to the second degree of kinship.
- Proportional reduction in salary and impact on salary supplements.
- The company cannot refuse the request as long as the duration is at least 1/8 of the workday and no more than half of the workday.
- The selected time slot may be declined, in which case another one will be suggested.
- A dismissal in this situation without proven justification shall be considered null and void.
Updates on Work-Life Balance Measures for 2023
Recently, the brand-new Royal Decree 5/2023, ratified on June 28, introduces innovations in the area of work-life balance, notably the following:
Various types of paid leave are being expanded, covering situations such as marriage or registration of a domestic partnership, accidents, serious illnesses, the death of a spouse or domestic partner, and cases of force majeure due to urgent family matters involving relatives or cohabitants.
The right to adjust the workday It has been expanded to now include the care of children over the age of 12, a spouse or domestic partner, as well as blood relatives up to the second degree, among other situations.
The the right to parental leave of up to 8 weeks, on a continuous or intermittent basis, to care for a son, daughter, or foster child for more than one year, until the child reaches the age of 8.
Leave to Balance Work and Family Life
Another crucial aspect of balancing family and work life is reflected in the the right to take leave of absence. Every employee, whether full-time or part-time, has the right to voluntarily terminate their employment contract, provided that the termination falls under one of the following two grounds established in Article 46.3 of the Workers’ Statute (ET):
Childcare:
- Whether through birth, adoption, or in cases of foster care—whether pre-adoption or permanent.
- In this context, a leave of absence may be extended for up to 3 years.
Caring for Family Members:
- In situations where a family member is unable to care for themselves due to age, an accident, illness, or disability, and therefore does not engage in paid work.
- In this case, the leave of absence may last up to 2 years, unless a longer period is established through collective bargaining.
