Spanish employees caring for children under 12 can now legally reduce their working hours, with their salary adjusted accordingly. Crucially, these parents receive special protection against dismissal, making it easier to balance work and family life without fear of losing their job.
Spanish parents responsible for children under 12 have a legal right to reduce their working hours, with the law guaranteeing both flexibility and reinforced protection against dismissal. This measure, set out in Article 37.6 of the Estatuto de los Trabajadores, allows employees to cut their daily schedule by between one-eighth and half, with a proportional reduction in salary. The right is not subject to employer approval—companies must comply within the legal framework.
To request a reduction, employees must notify their employer in writing, specifying the start and end dates. Unless there is an emergency, a minimum of 15 days' notice is required, or the period set by the relevant collective agreement. The employee decides how to distribute the reduced hours within their normal working day, although collective agreements may establish guidelines. If the company and employee cannot agree, the dispute is resolved in the social courts. When two employees at the same company request a reduction for the same child, the employer can only limit simultaneous use for objective, well-documented reasons and must propose an alternative plan.
How the Reduction Works
The law permits a reduction of between 12.5% and 50% of the standard working day. For example, someone working 40 hours per week could reduce their schedule by as little as five hours or as much as 20. The salary is adjusted in direct proportion to the reduction. If an employee earning €1,600 gross per month reduces their hours by one-eighth, their pay drops to €1,400. A 50% reduction would halve the salary. Additional pay elements may depend on the collective agreement or the nature of the work performed.
Importantly, the law provides robust protection against dismissal for those who have requested or are using this right. Any termination in these circumstances is presumed invalid unless the employer can prove a legitimate reason unrelated to the reduction. If a dismissal is ruled null, the company must reinstate the employee and pay all lost wages.
Alternative: Flexible Arrangements Without Pay Cut
Parents can also seek flexible working arrangements under Article 34.8 of the Estatuto de los Trabajadores. This provision allows for changes in schedule, distribution of hours, or remote work, provided the request is reasonable and balanced with the company's needs. For children under 12, this right applies until the child reaches that age. Unlike the reduction of hours, these adaptations do not necessarily mean fewer hours or lower pay. The company must negotiate within 15 days, and if it does not respond with a justified objection or alternative, the request is automatically granted. Any denial must be explained in writing with objective reasons.
Social Security also supports parents who reduce their hours for childcare. For the first three years, contributions are calculated as if the employee had not reduced their schedule, ensuring that future benefits such as retirement or permanent disability are not negatively affected.
Spain's approach to work-life balance is not limited to parents. For example, property owners over 70 can seek legal relief from mandatory community roles, as detailed in this analysis of legal exemptions for seniors. These evolving protections reflect a broader trend toward accommodating personal circumstances in Spanish law.
As family structures and workplace expectations continue to evolve, these legal safeguards offer parents greater security and flexibility, helping them navigate the demands of both work and home without sacrificing job stability.
