The company will not be able to cut the days even if your family member recovers
New important change in the five-day paid leave to care for a family member in the event of an accident, serious illness or hospitalization. It is included in article 37.3b of the Workers’ Statute. However, it is one of those that generates the most doubts, but a latest ruling by the National Court has settled all the interpretations it may have. Until now, some companies They reduced the leave to the days of rest that appeared in the medical report. That is, if the doctor said three days, only those days were granted.
The resolution of the National Court, as explained by the labor disseminator, Miguel Benito Barrionuevochanges everything. “Until now, if a family member was admitted and discharged two days later without home rest, you had to go to work, but what the National Court says is that the law does not establish that“.
The ruling on leave for hospitalization
Benito explains the ruling: “What the law establishes is that if a family member is admitted, you are entitled to five days regardless of whether that family member is discharged, prescribed home rest, or better. These five days always correspond to you“. Yes, it says that there is an exception: “That the company can prove fraud in this permit. For example, that you take five days to see your brother, but in reality you go to the beach to enjoy yourself.”
It must be remembered that the origin of all this comes because a company maintained that the leave had to be limited only to the rest indicated by the doctor. For this reason, the Court has ruled rejecting this interpretation and has assured that The end of rest does not mean the recovery of a patient. During this period, the person may need care to be able to have a normal life and the leave must be completed for up to five days as long as the worker has it justified.
For example, in cases of surgical intervention, rest does not mean medical discharge as such or the recovery of the family member. That’s why, the permit should not be linked to that durationbut rather to the right that protects workers. What’s more, the court wanted to recall the June 2023 rule in which the five-day leave was set without distinction by severity, medical discharge or duration of care.
