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HEALTH

Reader question: Can I take time off work if my child is sick in Spain?

Balancing work and childcare can be a tricky situation, but it can be made even more difficult when your kid is sick. What are your legal rights when this happens? Are you allowed to take time off work?

Reader question: Can I take time off work if my child is sick in Spain?
Children's fever syrups are running particularly short in Europe right now. Photo: Victoria Model / Pixabay

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 four days of paid care leave, whether you need to look after your child or another member of your family.

New legislation 

Previously the Spanish government offered two days of paid care leave a year to parents, but in June 2023 this was increased to four as part of one of the new leave of absence schemes spearheaded by Podemos leader and Minister of Social Rights headed Ione Belarra. 

This “force majeure” leave can be used on an hourly basis and amount to up to a total of four days per year for each parent for “urgent family reasons”. It is fully remunerated and is intended for short-term incidents, such as if a parent is ill and needs to be accompanied to the doctor or if a child becomes ill and one of the parents needs to stay at home to look after the child.

There is another new leave of absence that is unpaid and can last up to eight weeks a year, can be taken continuously or discontinuously, full-time or part-time, until the child reaches the age of 8.

It is designed, for example, to provide a solution for parents to cope with adaptation periods in nurseries and schools or for periods without classes, namely during the summer or Christmas period.

And there is one more new paid leave of absence which lasts five days but is meant to be used in the event of a serious accident or illness, hospitalisation or surgery without hospitalisation that requires rest when it affects a relative or a person with whom they live.

If your child has the flu or a cold and you’ve used up your leave of absence days, you may be able to ask to work from home so that you can stay home with your child. 

READ MORE: How parents in Spain can balance work and kids during the holidays

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HEALTH

How many hours do I have to work to get access to public healthcare in Spain?

A common question among those wanting to move to Spain is if they will have access to the Spanish public healthcare system even if they only work part time or a few hours a week.

How many hours do I have to work to get access to public healthcare in Spain?

In order to understand the answer to this question, you need to be aware of several rules on who has the right to public healthcare in Spain. 

In Spain, you have the right to access public healthcare under the following circumstances:

  • You are an employee or self-employed and are affiliated and registered with the social security system
  • You receive Spain’s state pension
  • You are the recipient of benefits, including unemployment benefits or subsidies.
  • You have exhausted your unemployment benefit or subsidy or other benefits of a similar nature and are unemployed and residing in Spain
  • Children under the age of 15
  • Students under the age of 26

You also have the right to healthcare if your spouse pays into the social security system or if you’re pregnant.

READ ALSO: Does permanent residency in Spain equal free public healthcare?

But what happens if you are an employee, but you only work part-time, does the number of hours you work affect whether you have the right to public healthcare coverage?

Even if you work part-time (or media jornada in Spanish), you will still be paying into the social security system automatically – part of it from your salary and part of it from your employer.

Therefore you will be affiliated in the social security system as in point one above. 

According to stats from Spain’s National Statistics Institute (INE), a total of 6.6 percent of men in Spain in 2022 worked part-time and 21.6 percent of women. In September 2023, there were 2.9 million part-time employees in the country.

As far as social security is concerned, those who work part-time benefit the same as those working full-time when it comes to national healthcare, regardless of the length of their day. Part-time contributions count as one full day when it comes to paying social security.

READ ALSO: What to be aware of before accepting a part-time job in Spain

This rule, equating part-time work to full-time work was brought into force on October 1st 2023 in order to try and help reduce the gender pay gap in Spain, but was designed with the pension system in mind rather than national health coverage.

The advantage is that it also benefits those who want to work part-time and still be able to access healthcare. Even before this was brought into force, however, those working part-time and paying social security were still covered. 

All this means that there isn’t a specific number of hours you must work in order to be able to be covered under the Spanish healthcare system, and as long as you’re paying social security or fall into one of the categories above, you will be able to benefit from it.

Remember that if you’re not employed or self-employed in Spain and don’t have a spouse who is either, then you may not be covered.

To get around this you can either join a programme such as the S1 scheme for British pensioners or pay the convenio especial in order to benefit from public healthcare. For this, you will pay a monthly fee of €60 if you are under 65 and €157 if you are over 65. 

If none of these options are available to you or the requirements of your visa say so, then it’s necessary to get private health insurance instead.

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