The year 2025 marks a significant step forward in labor rights, with new measures designed to facilitate work-life balance and provide greater protection to employees in exceptional situations.
These initiatives reflect a renewed commitment to flexibility and workplace well-being, offering solutions that align with employees’ current needs while supporting them during critical moments.
Extension to Five Days of Sick Leave
Regarding the sick leave provided in Article 37.3 b. of the Workers' Statute (ET), the main development is its extension from two to five days. This leave is granted in cases of serious illness or accident, hospitalization, or outpatient surgery requiring home rest for a spouse, domestic partner, or relative up to the second degree of kinship by blood or marriage.
Additionally, the range of individuals eligible to trigger this leave has been expanded to include relatives of domestic partners and others living with the employee in the same household who require care. A recent ruling by the Social Chamber of the National Court has also clarified that these five days must be counted as business days, not calendar days.
It’s worth noting that this is not an annual allowance of five days. Spain has gone beyond the requirements of the European Directive, meaning there is no yearly limit. Workers are entitled to five days each time such a situation arises, provided the requirements are met.
Eight-Week Paid Parental Leave
The eight-week paid parental leave is aimed at parents with children under eight years old. This leave, regulated by Article 48 bis of the Workers' Statute, is non-transferable and can be taken continuously or intermittently, on a full-time or part-time basis, but always in full-week increments—it cannot be split into individual days.
The purpose of this leave is to promote work-life balance, allowing parents to care for their children without sacrificing labor rights. However, the exact remuneration for the paid weeks is yet to be determined, leaving families with some uncertainty.
Special Leave for Force Majeure
Special leave for force majeure is regulated under the new Article 37.9 of the Workers' Statute. This right allows employees to be absent from work due to urgent family matters involving relatives or cohabitants, provided there is a force majeure situation. Pre-notification to the employer is not mandatory. It applies in cases of illness or accidents requiring the employee’s immediate presence.
This leave is paid and capped at a maximum of four days per year, with the reason for the absence needing to be justified to the employer. Additionally, it can be used flexibly in hourly increments.
Extension of 15-Day Leave for Marriage to Domestic Partnerships
In an effort to equalize the rights of married couples and domestic partnerships, the 15-day leave allowance has been extended to those who register as domestic partners, a provision already included in many collective agreements.
In cases of remarriage or a second domestic partnership registration with the same person, this leave may only be used once. However, if the union involves a different person, the entitlement is renewed.
Modifications to Requests for Work Schedule Adjustments for Work-Life Balance
Improvements have been introduced regarding requests for work schedule adjustments due to work-life balance needs, enhancing both scope and guarantees. Key updates include:
- Expanded eligibility: Workers with children over 12 years who require care, those attending to a spouse or domestic partner, relatives up to the second degree of kinship, or dependents living in the same household who cannot care for themselves due to age, accident, or illness are now eligible.
- Shorter response times: The negotiation period for such requests has been reduced from 30 to 15 days. If the employer does not respond within this timeframe, the request is deemed accepted by default. If denied, the employer must justify the decision and propose an alternative solution.
- Compatibility with other leave types: This right is compatible with other leave entitlements related to work-life balance.
The option to include remote work as part of the requested adjustments also remains available.
Leave for Force Majeure Due to Weather or Disasters
This new leave, introduced via RD-Law 8/2024 following the DANA flooding in Valencia, regulates absences in exceptional situations caused by natural disasters or adverse weather events.
Key Details
Initial duration
Up to four days if it is impossible to access the workplace or travel necessary routes due to official restrictions, recommendations, or prohibitions, or in the presence of grave and imminent risk, including natural disasters or adverse weather.
Extension
After four days, the leave can be extended as long as the justifying circumstances persist. However, employers may opt to suspend contracts or reduce work hours due to force majeure as outlined in Article 47.6 of the Workers' Statute.
