The Royal Decree Law with measures to support the conciliation of family life and professional life of parents and caretakers is approved.

The approval of these measures comes to comply with the European directive on the conciliation of family life and professional life of parents and caretakers, specifically, with Directive (EU) 2019/1158 of the European Parliament and of the Council of June 20, 2019.

Family Law Leave

The three leaves that were included in the Families Act promoted by the Ministry of Labor and Social Economy and that have finally achieved its approval are:

  • Parental leave until the child turns 8 years old: for the care of the child (or foster child for more than one year), which can be taken until the child turns 8 years old. This leave, of a duration not exceeding 8 weeks, continuous or discontinuous, is non-transferable and may be taken in a flexible manner. It shall be unpaid
  • Five paid days per year (as opposed to the 2 in the current regulation): which may be used in the event of accident or serious illness requiring care, as well as hospitalization or surgery without hospitalization requiring home rest.  It will be applicable both for the care of people who live with the worker, whether or not they are family members, and for relatives up to the 2nd degree (parents, grandparents, children, grandchildren and siblings)
  • Four paid days for situations of force majeure: when necessary for urgent and unforeseeable family reasons, in case of illness or accident that make their immediate presence indispensable. In the case of leave due to the death of a spouse (2 days), domestic partners are taken into account. It may be taken by hours until the four days are completed.

Equalization with domestic partners

Lastly, through the Royal Decree, the equalization implied by the Family Law between married couples and unmarried couples has also been approved. These will now be able to request and enjoy a 15-day leave of absence for the registration of domestic partnership, just like newlyweds. This leave will be paid, so no salary will be lost.

As part of a Royal Decree on anti-crisis measures, the new permits will enter into force immediately when they are published in the Official State Gazette (BOE).

Inmaculada Pessini

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