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New Paid Leave and Employee Rights

Baker Tilly 5 July, 2023

Achieve Work-Life Balance

Discover the new paid leave and labor rights that have come into effect! Royal Decree-Law 5/2023, dated June 28, brings significant changes to enable workers to better balance their personal and professional lives. In this article, we will present the key updates regarding paid leave and labor rights.

Firstly, the Royal Decree-Law recognizes several benefits for common-law partners. Now, common-law partners can request paid leave in cases of their partner's accident or serious illness, as well as paid leave in the event of their partner's death. They also have the right to reduce their working hours if they need to care for their partner, and they can even request a leave of absence for this reason. Additionally, they are granted a 15-day leave once they have registered as common-law partners.

Furthermore, the paid leave in case of accident or serious illness has been extended to 5 days, including hospitalization or non-hospital surgical interventions.

The Royal Decree-Law introduces a new paid leave of 4 days for unforeseen and urgent force majeure situations requiring family attention.

Regarding family conciliation, a new 8-week parental leave has been established, which can be taken full or part-time, continuously or intermittently, until the child reaches 8 years of age.

Another important modification is the extension of paid leave for the death of a spouse, common-law partner, or relatives up to the second degree. Now, this leave can be extended by an additional 2 days when the worker needs to travel for this purpose.

Moreover, the right to leave of absence has been extended for a period of up to 2 years for those workers who need to take care of their spouse, common-law partner, or a second-degree relative by blood or affinity, including blood relatives of the common-law partner.

A new right to request adaptations in the duration and distribution of the working day has also been included. This leave can be requested when the child is under 12 years old, but it also applies to children over 12 years old, the spouse or common-law partner, blood relatives up to the second degree, and other dependent individuals residing in the same household and unable to care for themselves due to justified reasons.

It is important to note that companies have a maximum period of 15 days to accept or deny leave requests. If no response is received within this period, the leave will be considered granted.

The Employment Advisory department of Baker Tilly is at your disposal to provide further information or address any questions that may arise regarding this note.

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