Sep 152023
 

Last 27 of June, The RDL was approved by the Council of Ministers 5/2023, which contemplates new permits in
the workplace. Below we explain the main changes.

Right to adapt the day, art 34.8:
The situations based on which an adaptation of the working day can be requested are expanded.:
People who have sons or daughters older than 12 years.
The spouse or de facto partner.
Relatives up to the second degree, as well as dependent people who live at the same address, and?
due to age or illness they cannot take care of themselves.
It should be noted that the negotiation period for the adaptation of the working day is reduced, becoming 15 days,
rather 30, and before situations such as the lack of response from the company are considered as
"positive silence", the request is considered accepted. Not only must the company justify its refusal to
the worker's proposal, now, You also have to justify the reason for the counterproposal.
offered.

Paid leave from work, art. 37.3b:
The scope of family members who give the right to be absent from work with the right to remuneration is expanded, So
such as the time of enjoyment of certain permits. They remain this way:
15 paid calendar days in case of registration of a de facto couple.
5 paid days due to serious accident or illness, hospitalization or surgical intervention without
hospitalization requiring home rest for the spouse, de facto partner or relatives up to the second degree
by consanguinity or affinity, including the blood relative of the de facto couple, as well as any
another person who lives with the worker in the same home and who requires effective care of
that. This way, we went from 3 days that our agreement contemplated to have 2 further.
4 days maximums per year paid duly justified, to be absent from work due to force
mayor, when necessary for urgent family reasons related to relatives or people
cohabitants, in the event of illness or accident that makes your immediate presence essential. It will be possible
use for hours or days.

Reductions in working hours for care, art. 37.6:
Applicable, in addition to those who have children under 12 years, to those who have children or dependents with
disability greater than 65%, previously accredited before the affected person has 23 years, until
the 26 years. Also for care, during hospitalization and continued treatment, of the minor in his care
affected by cancer or another serious illness requiring prolonged hospitalizations up to 23 years.

New parental leave 8 unpaid weeks, art 48 bis:
Parental leave for working people of a maximum of 8 weeks, continuous or discontinuous, for him
child care, daughter or minor fostered for a period of more than one year, until the moment the minor turns 8
years. This permit can be enjoyed full or part time..
The company will be notified in advance of 10 days.

Sep 012023
 

Reconciling work and family life. New work permit for child care:

Mothers and fathers or legal guardians who are responsible for one or more children can enjoy different permits in the workplace to care for minors., complying with a series of requirements and adapting to the current regulations that regulate these assumptions. This is the case of the eight-week work permit that they can request on the occasion of returning to school..

The eight-week work permit is an aid to reconciling family and work for parents who have children under the age of 8 year old, who may be absent from their job for a maximum of eight weeks, continuously or discontinuously, both in the vacation months and with the arrival of back to school in the month of September.

This permission, duration not exceeding 8 weeks, continuous or discontinuous, It is non-transferable and can be enjoyed flexibly..

Workers will have the right to parental leave, for child care, daughter or minor fostered for a period of more than one year, until the minor turns eight years old, is included in the Royal Decree-Law 5/2023.

This permit can be enjoyed full-time or on a part-time basis., as an individual right of men and women, without your exercise being able to be transferred.

How do you apply for parental leave? 8 weeks?
The aforementioned regulations also regulate the way in which the interested party can request this right., since it is the worker himself who has to request it from his company: “It will be up to the worker to specify the start and end date of the enjoyment or, in your case, of the periods of enjoyment”, indicated.

further, You must notify the company in advance of 10 days or the one specified by the collective agreements, except force majeure, taking into account the situation and the organizational needs of the company.

Finally, you have to know that, in the event that several people from the same company can and want to benefit from this right in the same period of time, disrupting the proper functioning of the company, The postponement of the concession can be agreed for a reasonable period, justifying it in writing and after having offered an equally flexible alternative for enjoyment.

It is an UNpaid Permit.