There is already a proposal from Vice President Yolanda Díaz's announcement to extend the leave for the death of family members and the creation of a new one for palliative care. This Sunday, the Ministry of Labor sent a royal decree-law, to which elDiario.es has had access, in which it details the measure. The text recognizes “ten business days for mourning in the event of the death of the spouse, common-law partner and relatives up to the second degree of consanguinity,” two days “for relatives up to the second degree of consanguinity” and “up to 15 business days” for palliative care “for the spouse, common-law partner or relatives up to the second degree of consanguinity.”
The Ministry's proposal, which is still in the initial phase, is detailed below. It has been included in a royal decree-law, so in order to move forward and be a reality for workers, it must still be approved by the Council of Ministers and then be endorsed by the Congress of Deputies.
Regarding paid death leave, currently “two days” are recognized – without mentioning that they are working days – for the death of the spouse, the common-law partner and relatives up to the second degree of consanguinity or affinity (the ties created through marriage, such as in-laws or brothers-in-law).
Now, Yolanda Díaz's department emphasizes that these are working days of work and proposes a distinction between the days recognized by the family itself, with more days of paid absence, and the one created through marriage, which would remain as it has until now. Specifically, the proposed text is: “Ten business days for mourning in the event of the death of the spouse, de facto partner or relatives up to the second degree of consanguinity and two business days for relatives up to the second degree of affinity.”
In the case of two working days for relatives by affinity, they can reach four, as until now: “They will be extended by two more when, for this reason, the worker needs to travel for this purpose.”
Furthermore, another novelty is that Labor proposes that “the exercise of the right to days for mourning in the event of death may be distributed at the will of the worker, in continuous or discontinuous days, in a period of four weeks, from the date of death or from the date on which the mortal remains of the deceased person are delivered to the worker.”
15 days of palliative care leave
The royal decree also includes the new paid leave for palliative care. It is proposed to recognize “up to 15 business days for the care of the spouse, partner, de facto, or relatives up to the second degree by consanguinity, who require palliative care.”
The Ministry of Yolanda Díaz states that “the exercise of the right to these days may be divided, at the will of the worker, into two fractions, in a period of three months, counting from the first day on which the worker takes advantage of said leave and until the date of death of the person who requires said care.”
It is specified that “this permit may be used only once for the person who requires palliative care, without prejudice to the right of the worker to take advantage, in addition and during that period, of leave for hospitalization or surgical intervention without hospitalization” – of five days – which is also contemplated by the Workers' Statute “if the patient were receiving palliative care under a home care regime.”
The draft also contemplates recognizing the day of paid leave during “the day on which the healthcare professional self-administers or practices the provision of assistance in dying in the terms established” by the law, “as long as the worker has been designated by it to accompany him or her at that time.”
Other rights for palliative care
The Ministry of Labor also proposes recognizing various forms of work-life balance provided for in the Workers' Statute, in the situation of palliative care.
For example, in the article that regulates the right to request adaptations of the day to reconcile “family and work life” (34.8), the draft contemplates: “Working people will have the same right with respect to their spouse or de facto partner, as well as with respect to their relatives by consanguinity up to the second degree, who require palliative care, both in hospital and home care, and must justify by means of a medical report that they are in said situation. situation”.
In addition, Labor also wants to recognize the right to a reduction in the working day that currently exists for the care of children up to twelve years of age and other dependent family members – “a reduction in the daily working day, with a proportional decrease in salary between, at least, one eighth and a maximum of half of the duration” – expressly for “whoever needs to take care of a spouse or de facto partner, or a family member up to the second degree of consanguinity, who requires care palliative, both in hospital and home care.