New family law permits
The Council of Ministers has approved the Royal Decree-Law 5/2023, June 28.
The text includes a new parental leave for the care of a child or minor taken in for a period of more than one year, which may be enjoyed until the child turns 8 years old. This leave, lasting no more than 8 weeks, continuous or discontinuous, is non-transferable and can be enjoyed flexibly, although it is not paid as required by the European directive.
Furthermore, it establishes the permission to be absent from work with the right to remuneration in the following circumstances:
- 5 days (compared to 2 in the current regulation) due to an accident or serious illness, hospitalization or surgical intervention without hospitalization that requires home rest. People who live with the worker who requires care in the same home and also de facto couples within the scope of the permit, as well as blood relatives of the de facto couple, may benefit from this permit.
- 4 days paid for the new right to be absent from work due to force majeure when necessary for urgent and unforeseeable family reasons, in the event of illness or accident that makes their immediate presence essential. In the case of leave due to the death of a spouse (2 days), de facto couples are taken into account.
- Reduction of working hours: This right extends to those who need to take care of a family member up to the second degree of consanguinity of the spouse or de facto partner, including the blood relative of the de facto partner, provided that there are no relatives by direct consanguinity up to the second degree.
- The right to reduced working hours is extended for the care of children or dependents with disabilities who are under 26 years of age and who have cancer or another serious illness, when the degree of disability exceeds 65%, provided that this condition is proven before turning 23 years of age.
- 15 calendar days in case of registration of a de facto couple.
With the developments in family law, in the case of single parent families, the single parent will be able to enjoy the complete extensions of suspension of the contract in the case of families with two parents in the event of disability of the son or daughter or in multiple births.
Measures already in force
The new measures agreed upon by the Government will come into force immediately after their publication this Wednesday, June 28 in the BOE.
Below, we detail the different ways to request different maternity and care leave for a family member:
One of them is through the Social Security electronic headquarters. This procedure requires a digital certificate or username and password in Cl@ve.
It can also be done through the platform for procedures without digital certificate from the National Social Security Institute (INSS, without digital certificate necessary).
While waiting to know if this leave becomes paid in the near future, there are families who need it and want to make use of it now.
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