The Ministry of Labor plans to approve by royal decree law the extension of leave for the death of family members up to 10 days. Although the formula would allow its entry into force immediately after the Council of Ministers, there is a risk that the measure will end up being overturned later in Congress. Just like share El País, the Secretary of State for Labor, Joaquín Pérez Rey, confirmed this Tuesday that “the intention would be for the rule approving leave for bereavement and death to be an urgent rule” and that his “predisposition is to do so through a royal decree law shortly.”
The Government’s strategy. By processing the norm as a decree law instead of as an ordinary draft law, the ministry led by Yolanda Díaz seeks to ensure that the extension of permits is applied immediately, without waiting to complete the entire parliamentary procedure. That would make the measure come into force the day after its publication in the BOE, although it then requires validation by Congress within a maximum period of one month. According to account In the middle, during that period, workers who suffer a family death could now access extended leave.
Agreement. Job agreed with CCOO and UGT On December 15, the paid leave for the death of a spouse, common-law partner or relatives up to the second degree (parents, children, siblings, grandparents and grandchildren) was extended from the current two days (extendable to four in the event of displacement) up to 10 days. These could be used continuously or discontinuously within four weeks after death.
Furthermore, just as share El País, the agreement includes a new 15-day permit for palliative care, divisible into two fractions over a period of three months, and one day of leave to accompany someone who is going to receive euthanasia, regardless of family ties.
Rejection. The employers’ association CEOE and Cepyme have opposed the proposal because they consider that “it represents a new attempt to transfer to companies the cost and responsibility of public policies on care that corresponds to the Administration,” as they indicated in a statement. The lack of consensus in social dialogue marks the position of the PP, which has already announced its vote against following its criterion of rejecting labor measures that do not have the joint support of unions and employers.
Key vote in the air. Parliamentary arithmetic turns Junts and PNV into decisive pieces in approving or not the measure. Just like they point From El País, the Catalan nationalists have already joined together with PP and Vox to overturn the reduction in working hours and have maintained very critical positions with other proposals rejected by unions and employers, such as the increase in the self-employed quota. For the measure to be approved, the Executive would need the support of the entire left plus the support of Junts and PNV, or at least the yes of one and the abstention of the other.
Comparisons with Europe. Labor has been highlighting Spain’s delay compared to neighboring countries in regards to death leave. From the middle they point out that Portugal extended the paid leave for the death of a spouse in 2023 to 20 days, equal to that of children, while in France 12 working days are granted for the death of children and 14 if the deceased is under 25 years of age. According to the ministry, the current two days in Spain are insufficient to face a duel.
A controversial vote. The decision to take the measure through a decree law responds to a clear intention to make it difficult for the opposition to reject it, since it is a measure of high social sensitivity. “suffering from the death of a son or daughter” is “not a question of the right or the left,” counted Pérez Rey in the middle.
Cover image | Wikimedia Commons
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