REDUCTION OF WORKING HOURS FOR FAMILY REASONS: EVERYTHING YOU NEED TO KNOW BEFORE REQUESTING IT

If you work for someone else and you have a child under 12 years old, you may be thinking of taking a reduction in your working day, as a measure to reconcile your work with family life. It is what is known as "Reduction in working hours for legal guardianship", and although it is the most widespread modality, there may also be other family reasons that lead you to request it, such as in case of premature birth of your baby, serious illness of your child with long-term hospitalization or care of a direct relative.

Today We tell you everything you need to know about the reduction of working hours for family reasons, an individual right of the worker included in the Statute of Workers: what requirements must be met and what other aspects should you take into account?

Requirements to request a reduction in working hours

The reduction of working hours for family reasons, is a conciliation measure that consists in reducing the number of hours a day in which one works for others.

It's about a individual right of the worker which is contained in article 37.6 of the Statute of Workers. But to request it, the following requirements must be met:

For the Reduction in working hours for legal guardianship, you must be a parent or guardian in charge of a child under 12 years old, or have a person with a disability in charge of not performing any paid function.
You can also request a reduction in working hours for take care of a direct relative (up to a second degree of consanguinity) that cannot stand on its own and does not perform paid activity.
If you are a parent (biological, adopter or guardian for adoption or permanent foster care) of a child under 18 affected by cancer or any other serious illness that implies a long-term hospital admission. In this case, this circumstance must be accredited by a corresponding medical report.

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Article 37.5 of the Statute of Workers also includes the case of reduced working hours by premature birth of a child, or that for any reason must remain hospitalized after delivery.

How many hours can I reduce my day?

By law, the reduction in working hours can range from half the working day at most, to a reduction of 1/8 at least.

In the event that the reduction is requested to care for a minor sick with cancer or another serious illness, the reduction percentage will have a minimum of 50 percent and does not have a maximum, being able, when the collective agreement allows it, to accumulate the reduction in full days.

Your salary will also be reduced proportionally to the reduction of the day, as well as the salary supplements that appear in your payroll.

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How long can I request a reduction in working hours?

If you wish to request a reduction in working hours for legal guardianship, you can do so at any time during your child's life but until he turns 12.
To request a reduction in working hours for direct family care that cannot fend for itself, there is no age limit.
If you find yourself in the case of requesting it for take care of your sick and hospitalized child for a long time, you can do it until you turn 18.
And in the case of requesting the reduced working hours to take care of your premature child or admitted to the hospital after delivery, article 37.5 of the Workers' Statute reads as follows:

"In the case of the birth of premature children or that, for any reason, they must remain hospitalized after childbirth, the mother or father will have the right to be absent from work for one hour. They will also have the right to reduce their working hours until a maximum of two hours, with the proportional decrease in salary. "

Can you refuse or fire me for requesting the workday reduction?

No. ** No employer can deny you this fundamental right, or fire you for requesting it. If this happens, it is recommended to seek specialized legal advice, as the dismissal could be considered void.

Just there is a legal exception in which the employer could limit this right, and it is in the supposition that both parents work in the same company and request at the same time the reduction of working hours to take care of the same child or relative. In this case, you could limit the right to take the workday reduction simultaneously.

What rights does the worker have?

Within your ordinary work day, it must be you who decides the hours you want to reduce (as stipulated by the Law), as well as the duration of this situation. In general, the company cannot force you to reduce your workday by a certain amount of hours or in a specific time slot. If this occurs, it is advisable to consult the labor agreement and seek specialized advice.

"The hourly specification and the determination of the period of enjoyment of the reduction in working hours (...) will correspond to the worker, within their ordinary working hours. However, collective agreements may establish criteria for the specificity of the reduction in working hours (...) , in attention to the rights of conciliation of the personal, family and work life of the worker and the productive and organizational needs of the companies "- we read in the Statute of the Worker.

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You should know that if you are enjoying a breastfeeding permit, you can also enjoy the reduction in working hours, as labor legislation does not limit the simultaneous enjoyment of both permits.

Important aspects to consider before requesting the workday reduction

For legal reasons, it is recommended that the reduction in working hours be requested in writing. There are no official documents, but you can download models on the OCU or UGT website, for some examples.
Inform the company at least 15 days in advance (or in some cases with more time, if your labor agreement so dictates), about the intention of taking a reduction in working hours.
In the letter you must specify the date on which your reduction of working day will begin and end.
It is advisable to read your employment agreement very well or ask for specialized advice if you have any questions about it.
During the first two years of reduction of the day for child care and during the first year of the reduction for the care of other family members, 100% increased quotes will be taken into account, for the purpose of permanent disability, death and survival, maternity, paternity and retirement benefits. Once that period is over, or if you want to ask for another benefit, the actual price will be taken into account with the reduction in working hours.