What employment rights do you have if you care for a family member with a disability or dependency?

Previously, employers were only required to make workplace adjustments for employees with disabilities. This obligation now extends to their spouses or unmarried partners and to relatives up to the second degree by blood (children, parents, siblings, grandparents and grandchildren) who are responsible for their care.

In other words, if you care for a family member, you can request measures that allow you to continue working, access training and progress professionally. Your employer may only refuse if the measures would impose a disproportionate burden.

What may previously have been seen as a matter of employer discretion is now a legal obligation: failing to make a reasonable adjustment without valid justification may be considered discrimination. The law also protects against discrimination by association, which occurs when someone is discriminated against because of their relationship with a person with a disability.

And this is not just about ramps or adapted workstations. A reasonable adjustment may involve the physical, cognitive, communication, social or attitudinal environment, provided that it is proportionate. From 23 October, requests must be assessed and any refusal must be justified.

If your child has a severe disability or dependency and requires continuous care, the reduction in working hours may continue beyond the age limits, provided that the need for care remains and you continue to live together.

Both parents may reduce their working hours simultaneously, provided that their combined reductions do not exceed 100% (for example, one parent could reduce their working hours by 60% and the other by 40%), regardless of their marital status. If both parents work for the same company, the employer will no longer be able to restrict their simultaneous entitlement to reduced working hours. The same applies to public sector employees.

Regarding benefits for the care of children with cancer or another serious illness (CUME), a child's attendance at school will no longer, in itself, be grounds for denying, suspending or withdrawing the benefit, provided that a report from the Public Health Service confirms that the child continues to require treatment, medical check-ups, monitoring, medication or any other care requiring the availability of one of their parents.

Those who lost their entitlement upon reaching the age limit may request a review of their situation, without any time limit, provided they continue to meet the requirements. In addition, administrative procedures will be simplified, and the Government has six months to introduce measures to prevent self-employed workers who reduce their activity to provide care from losing Social Security protection as a result of the annual adjustment of their contribution bases.

The extension beyond the age limits applies to reductions in working hours from 23 October, but the financial benefit provisions still need to be aligned with Social Security legislation, which must be adapted by 23 April 2027. Before taking any action, confirm the situation with your mutual insurance company.

Level I dependency will be considered equivalent to a 33% disability rating, while level II or III dependency will be equivalent to 65%. This equivalence will not automatically apply in all areas; for example, it will have no tax implications. Anyone who believes their actual degree of disability is higher may request an individual assessment.

Some family members take on most of the responsibility for caring for a dependent person. From now on, this role will be legally recognised through the new status of primary caregiver.

This is the family member who devotes the most time to providing care and is identified in the Individual Care Programme (PIA) and in the decision granting the family care benefit. If they left their job to provide care, they will be given priority in employment policies designed to facilitate their return to the labour market. Work-life balance measures will be strengthened and, if the primary caregiver is temporarily unable to provide care due to serious illness or hospitalisation, the public authorities must ensure that the dependent person continues to receive care. In addition, unpaid caregivers will be entitled to information, training and support, including measures to protect their own well-being.

The law expressly clarifies that working while receiving a dependency benefit or care service is permitted, whether you are employed or self-employed. However, income will be taken into account when calculating the benefit amount and the contribution towards the cost of services.

People who regularly work or collaborate with individuals with disabilities or care needs must provide evidence that they have no criminal record for offences against sexual freedom, human trafficking, gender-based violence or domestic violence. This requirement applies not only to employees but also to volunteers and those undertaking non-employment work placements. Expunged criminal records will not be taken into account.

If such convictions arise while a person is already performing these duties, they must cease carrying out those functions and, wherever possible, be reassigned to another role. Employees are required to report any changes in their circumstances, with potential disciplinary consequences if they fail to do so. Failure by the employer to comply with this obligation will constitute a very serious infringement. In addition, public authorities must promote better training and working conditions for personal assistance professionals.

The law goes beyond prohibiting discrimination and aims to improve access to employment for people with disabilities by promoting more inclusive, accessible and higher-quality working environments.

It introduces customised employment, designed for people who face greater difficulties in finding work, which the Ministry of Labour must develop within 12 months. Special employment centres will be renamed employment inclusion companies for people with disabilities (EIDIS), with greater protections for their employees, including equal pay, individualised support plans, the exercise of employment and trade union rights on equal terms, and support in preparing for retirement. New regulations governing their special employment relationship must be approved within one year.

For companies subject to the 2% disability employment quota, the Government has one year to develop alternative measures.