During this time of year in particular, there are lots of colds, flu and other viruses such as Covid-19 going around and unfortunately, kids are more susceptible to catching them from mixing with other children at nurseries or schools.

There’s nothing worse than trying to get ready for work while trying to get the kids up too and suddenly your little one is complaining of a sore throat and feels hot to the touch. You know there’s no way they can go to nursery and you have no time to organise alternative childcare at this late notice, so your only option is to take the day off work.

But are you allowed to just call your employer and take time off for such a situation when you’re not sick yourself?

The short answer is yes. Spanish legislation currently allows for two days of paid care leave, whether you need to look after your child or another member of your family.

New legislation 

The European Union, however, recommends a minimum of five days per year and recently the Spanish government announced it would offer more fully paid leave for workers under the new Ley de Familias or Family Law.

Originally the Ministry of Social Rights headed up by Ione Belarra had hoped that the government would offer seven days of fully paid leave, plus nine days a year for workers travelling outside of their region, but after much discussion, they have settled on five days.

The new rule will not only cover sick children, but workers can also stay home to care for anyone they share a household with, not only blood relatives as current legislation allows. 

Unfortunately, the law has not been fully approved yet and still has to go through several final processes.

Government spokesperson Isabel Rodríguez has not yet specified a date when it will be approved, but assures that they are “still working on it rigorously”.  

Current situation 

This means that while there is a better solution coming, if your child is currently ill, you will still only be entitled to two days of paid care leave.

But what if your child is not better after two days? Depending on your company or your employer, you have various options.

You may be able to ask to work from home so that you can stay home with your child. If you can’t work from home, your employer may allow you to take more time off should you need it, however, currently you won’t be paid for these days. You and your employer will have to come to some type of agreement. 

Keep an eye out for new articles at The Local Spain, as we will be covering the new Family Law as soon as it’s approved.