Royal Decree-Law 5/2023, on new work permits, reinforcement of conciliation, adaptation of the working day and domestic partnerships.

In order to adapt to the requirements imposed by the EU Directives, on June 28, the Royal Decree-Law 5/2023 was published in the BOE, which modifies several articles of the Workers' Statute and involves relevant measures in the workplace whose objective is to promote the reconciliation between work and family life, as well as improve the protection of the rights of unmarried couples in the workplace. These measures entered into force on June 30.

Amendments to the Workers' Statute

• Parental Leave of 8 weeks, UNPAID (According to the European directive, this leave must be paid, but today it remains unpaid, with a deadline of August 2024 to modify this aspect): Workers will be entitled to parental leave, for child care, until the moment the minor turns eight years old. This permit, which will last no more than eight weeks, continuous or discontinuous, may be enjoyed full-time or part-time.
• Special Leave due to Force Majeure: Workers will have the right to be absent from work due to force majeure when necessary for urgent family reasons related to relatives or cohabitants, in case of illness or accident duly accredited and that make their immediate presence essential. Absences for such causes will be paid for the equivalent of four days a year.
• Extension of sick leave to 5 days: As of 06/30/23, the days of paid leave for serious accident or illness, hospitalization or surgical intervention without hospitalization that requires home rest of the spouse, common-law partner or relatives up to the second degree, as well as any other person other than the above, who lives with the worker in the same home and who requires the effective care of that person, go from 2 to 5 days.
• Extension of the 15-day leave for marriage to registered partnerships: Previously, the registration of domestic partnerships was not included, it was only granted in the case of marriage.
• Modifications in the application for Workday Adaptation for reasons of reconciliation: As already stated in art. 34.8 of the Workers' Statute, workers, in a reasonable manner and in relation to the needs of the company, have the right to request adaptations to the duration and distribution of the working day, including teleworking, to make effective their right to reconcile family and work life. In the event that they have children, they have the right to make said request until the children are twelve years old. The novelty introduced by Royal Decree Law 5/2023, resides in the fact that the subjects that can generate the right to this adaptation are expanded for working people who need to take care of the following groups, provided that for reasons of age, accident or illness they cannot fend for themselves, having to justify the circumstances that support the request: sons and daughters over 12 years of age, spouse or common-law partner, relatives by consanguinity up to the 2nd degree of the worker I after dependent people when they live with the worker .
• Another novelty in this right to adapt the working day is the reduction of the term for negotiation between the company and the worker, from 30 to 15 days maximum, and if the company does not express express opposition, it is presumed granted.
• New in the causes of Nullity of Dismissal: It is added as a cause of nullity of the dismissal that of those employees who have requested or are enjoying the right to adapt the working day. Also, in case of dismissal, whether objective or disciplinary, if the company cannot objectively prove the origin of the dismissal, it will be declared null (not unfair).

The Puigverd Assessors team explains that this Royal Decree-Law 5/2023, of June 28, " represents significant progress in the workplace to adapt to the requirements of the EU to promote measures that facilitate the reconciliation between work and family life". In addition, it highlights that " the introduction of new paid leave and the extension of rights to unmarried couples seek to improve the quality of life of workers and strengthen equality in the work environment".