New work and parental leave for 2023: everything you need to know

Did you know that new work and parental leave came into force on 30 June? The Council of Ministers approved various measures to promote the reconciliation of family and personal life, since the draft Family Law has not been processed due to the general elections to be held on 23 July.


Labour novelties of the Royal Decree 5/2023 of 28 June

Royal Decree 5/2023 amends the Workers’ Statute in several respects to introduce a number of important labour-related developments affecting parental and other work-related leave. The main new features are as follows:

  • It includes the case of discrimination due to unfavourable treatment of women or men for exercising the rights of reconciliation or co-responsibility in family and working life.
  • The rights of workers in relation to adaptations to the length and distribution of the working day are extended to workers who have care needs with respect to children over 12 years of age, the spouse or common-law partner, relatives by blood, as well as other dependents.
  • A new case of nullity of dismissal is added in the event that it is carried out during the new parental leave or while enjoying a period of adaptation of the working day.
  • The subjective scope of certain leaves is also extended to unmarried couples (death, accident or serious illness, reduction of working hours or registration of the unmarried couple).
  • Limitations have been introduced with regard to the reduction of the working day to care for an infant, since in the event that two workers in the same company request it for the same infant, the company may limit the exercise on the basis of well-founded reasons, and must propose an alternative.
  • With regard to parental and work-related leave, the following measures are established:
    • A new parental leave is regulated for the care of a foster child until the child reaches the age of eight. The duration of this leave will be eight weeks, continuous or discontinuous, and may be taken full time or part time.
    • Leave of absence from work:
      • Five days a year (previously two) for accident or serious illness, hospitalisation or surgery without hospitalisation requiring rest.
      • Four paid days for absence from work due to force majeure or urgent and unforeseeable family reasons, in the event of illness or accident.


What has happened to the Family Law?

As mentioned above, the processing of the Family Law has been suspended due to the general elections. This law included more novel measures such as the extension of paternity and maternity leave to six months or the equalisation of single-parent families with large families.

In short, the new Royal Decree modifies the Workers’ Statute in various aspects related to work leave in general and parental leave in particular, in order to promote an adequate balance between personal and family life. If you need help in processing the new leave arrangements, contact our team of employment advisors to help you with all the formalities.