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New 5-day leave for hospital admission: how they are counted and who can request it

Date: July 15, 2024 Time: 18:21:28

The 5-day paid leave to care for family members or cohabitants is once again generating debate, even more so after the latest ruling issued by the National Court which sets out what types of days can be taken. It is one of the most popular measures when the Ministry of Social Rights and Agenda 2030 found itself in the process of drafting the Family Law. A measure that, despite the fact that the Family Law never saw the light of day due to early elections, has been a reality since last June after being approved by Royal Decree in June 2023. But what exactly does the new legislation contemplate? ? ? Do weekend days count? Who can enjoy this paid leave? These are all the details of this applauded permit to promote work-life balance.

This leave is designed to improve the conciliation capacity of those workers with dependent family members or cohabitants, in the event of hospitalization, accident, serious illness or a surgical intervention that requires home rest. That is, it expands the limits that until last year were set by the Workers’ Statute in its article 37.3: a leave with the right to remuneration for two days for hospitalization of a family member up to the second degree of consanguinity or affinity.

Who can take advantage of the 5-day permit?

An extension of rights that was motivated by the EU’s demand to transpose directive 2019/1158, as the Government pointed out in the BOE in June 2023, and that in practice represents an improvement in the conditions “relative to the reconciliation of family life and professional life of parents and caregivers.” In this sense, absolutely any worker can take advantage of this permit, regardless of what the sectoral agreement of their company states, since it is a rule included in the modified text of the Workers’ Statute (the higher rule).

Paid leave for hospital admission: working or calendar days?

Another fairly common question is when and until when the five days of paid leave are counted. For example, if the leave begins on a Thursday and the company’s schedule does not include Saturdays and Sundays as work days, when should the five-day period end? From USO they remember that paid leave is counted in working days, that is, only those days on which the company is active are taken into account, either set by its own statutes or by the sectoral agreement.

Or, failing that, by the Workers’ Statute, according to which working days are Monday to Friday by default, unless the company’s sector of activity requires it (such as Saturdays in commerce). And what happens if you are forced to start your leave on a Sunday, for example? From USO they reiterate that, “in the event that the causative event takes place on a holiday or non-working day, the calculation of the permits will begin on the first business day following the day on which the causative event (the cause) that entitles the to permission.” That is, they cannot deduct days of leave if you start it on a Sunday or holiday.

Now a ruling from the National Court clarifies everything. The Social Chamber of the National Court has issued a ruling in which it determines that the 5 days of leave for various cases of illness, accident or hospitalization of family members, approved in Royal Decree-Law 5/2023, must be considered as days skilled, not natural. The ruling, which USO reported this Friday, thus clarifies for the first time how the days of this new leave should be computed, as well as the two-day leave due to the death of a family member, which should also be understood as business days.

When should you take this paid leave?

Another question to take into account is: should I start enjoying this right on the same day a family member is hospitalized, for example? The answer is not necessarily. Following an example similar to the previous one, the leave for hospitalization of a family member must be counted from the first working day; That is, if the entry occurs on a Sunday, and the usual working day begins on Monday, the permit will begin that day, and not on Sunday.

Likewise, and in light of previous jurisprudence on paid leave, USO points out that it is not mandatory to take paid leave immediately if the hospitalization lasts more than five days. That is, the worker may choose what time or period is most critical to be absent from work and care for a family member or partner, unless the company’s collective agreement dictates a specific date to do so.

* This website provides news content gathered from various internet sources. It is crucial to understand that we are not responsible for the accuracy, completeness, or reliability of the information presented Read More

Puck Henry
Puck Henry
Puck Henry is an editor for ePrimefeed covering all types of news.
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