CJEU and Work–Life Balance: Companies Must Adapt Work for Employees with Disabled Family Members

The Court of Justice of the European Union (CJEU) has issued a landmark ruling strengthening the rights of workers who are responsible for children with disabilities. According to the judgment, companies are required to introduce reasonable adjustments in work organization so that these employees can reconcile their professional duties with the care their children require — provided that such measures do not impose a disproportionate burden on the employer.

The case originated in Italy. A female employee, mother of a child with a severe disability, requested a fixed morning schedule and, if necessary, to be assigned tasks with less responsibility. Her goal was to be able to attend her son’s therapy sessions in the afternoon, as prescribed by the national health service.

The company denied her request, which led the employee to claim indirect discrimination based on disability, even though she herself was not disabled. The case reached the Italian Supreme Court of Cassation, which referred the matter to the CJEU.

The Court’s response came through its judgment in Case C-38/24 Bervidi, delivered on 11 September 2025, where it was unequivocal:

• The prohibition of discrimination on the grounds of disability also protects family members who care for people with disabilities.
• An employee may invoke this right even if they themselves are not disabled, when they suffer unfavorable treatment linked to their child’s condition.
• Therefore, employers must adopt flexible measures — such as schedule changes, task adjustments, or reduced working hours — to enable the employee to provide the necessary care.
• These measures must be reasonable and must not impose a disproportionate cost on the company.

Although the case involved a child with a disability, the CJEU’s reasoning opens the door for this obligation to extend to situations where employees care for other relatives with disabilities, such as spouses or parents.

In this regard, it is expected that the ruling will require a reinterpretation of certain provisions of the Spanish Workers’ Statute, particularly those related to work–life balance and reduced working hours. Until now, companies could reject such requests on organizational grounds. From this judgment onwards, those reasons will have to be assessed under stricter scrutiny and always in line with the principle of non-discrimination.

Ultimately, at Baker Tilly we believe this decision may have an impact comparable to the well-known Ca Na Negreta case, which marked a turning point regarding reasonable accommodation in the workplace in cases of permanent disability, as we previously explained in this article.

According to legal analysts, the ruling creates a “proactive obligation” for companies — meaning it is no longer sufficient to wait for an employee to submit a request. If the employer is aware of the situation, it must act to prevent potential discrimination.

We remain at your disposal to provide further information or address any questions related to this article.