[Spain] Changes to employment rules for employees with care responsibilities

In Spain, Law 4/2026 - which amends the General Disability Law and legislation on dependency and personal autonomy - is set to introduce several important employment law changes affecting carers, employers, and organisations working with people with disabilities or dependency needs, DLA Piper reports.

The law was published on October 3, 2026 and will come into force after 20 days.

One of its most significant changes reportedly centres on the right to reduce working hours for caregiving purposes. 

Under the law, employees caring for a child with a severe disability or high dependency needs may continue benefiting from a working-time reduction beyond the usual age limits, if the need for care and cohabitation continue. 

In such cases, it states that both parents may share the reduction simultaneously, as long as the combined reduction does not exceed 100 per cent of normal working hours. 

School attendance can no longer be used as a reason to deny, suspend, or terminate the related financial benefit.

In addition, the law reportedly revises the rules on reduced working hours for employees caring for children with cancer or another serious illness. 

References to salary reductions and age limits have been removed, while the entitlement to reduce working hours to care for relatives has been broadened. It focuses on the need to provide direct care to a relative up to the second degree of kinship who cannot care for themselves and is not engaged in paid work.

For employers, obligations to provide workplace accommodations and accessibility measures have been expanded. These duties now extend beyond employees with disabilities and cover spouses, partners, and close relatives acting as caregivers too. Unless the measures would impose a disproportionate burden on the employer.

The law has introduced stricter safeguarding requirements. Employees working in positions involving regular contact with people with disabilities or dependency needs must provide clean certificates from specific criminal-record registers. 

Individuals with relevant records may not be employed in these roles, and DLA Piper cautions that newly arising entries may lead to termination unless reassignment is possible. 

The law also reportedly reformulates the legal framework governing special employment centres. They will now be referred to as companies for the labour inclusion of people with disabilities.

Source: DLA Piper

In Spain, Law 4/2026 - which amends the General Disability Law and legislation on dependency and personal autonomy - is set to introduce several important employment law changes affecting carers, employers, and organisations working with people with disabilities or dependency needs, DLA Piper reports.

The law was published on October 3, 2026 and will come into force after 20 days.

One of its most significant changes reportedly centres on the right to reduce working hours for caregiving purposes. 

Under the law, employees caring for a child with a severe disability or high dependency needs may continue benefiting from a working-time reduction beyond the usual age limits, if the need for care and cohabitation continue. 

In such cases, it states that both parents may share the reduction simultaneously, as long as the combined reduction does not exceed 100 per cent of normal working hours. 

School attendance can no longer be used as a reason to deny, suspend, or terminate the related financial benefit.

In addition, the law reportedly revises the rules on reduced working hours for employees caring for children with cancer or another serious illness. 

References to salary reductions and age limits have been removed, while the entitlement to reduce working hours to care for relatives has been broadened. It focuses on the need to provide direct care to a relative up to the second degree of kinship who cannot care for themselves and is not engaged in paid work.

For employers, obligations to provide workplace accommodations and accessibility measures have been expanded. These duties now extend beyond employees with disabilities and cover spouses, partners, and close relatives acting as caregivers too. Unless the measures would impose a disproportionate burden on the employer.

The law has introduced stricter safeguarding requirements. Employees working in positions involving regular contact with people with disabilities or dependency needs must provide clean certificates from specific criminal-record registers. 

Individuals with relevant records may not be employed in these roles, and DLA Piper cautions that newly arising entries may lead to termination unless reassignment is possible. 

The law also reportedly reformulates the legal framework governing special employment centres. They will now be referred to as companies for the labour inclusion of people with disabilities.

Source: DLA Piper