Care Leave Hours Reduction Calculator Spain 2026
Art. 37.6 ET: Unconditional right
The worker notifies the reduction 15 days in advance. The employer cannot refuse it. They may set the specific schedule distribution. In case of disagreement: urgent Social Court proceedings (Art. 139 LRJS).
Valid range: 20.0h – 35.0h/week
Art. 37.6 and 37.7 ET (RDLeg 2/2015) · RDL 2/2021 (full contributions years 1-2) · STC 66/2022 · Art. 139 LRJS. Indicative calculator.
Legal basis
Right to reduction (Art. 37.6 ET): Employees have the right to reduce their usual working hours by 1/8 to 1/2 for care of: a child under 12, a minor in foster care, a relative up to 2nd degree who cannot care for themselves, or a person with a disability. It is an unconditional right; the employer cannot refuse it.
SS contributions (RDL 2/2021 + STC 66/2022): For the first two years, contributions are based on the full-time salary. From the third year onwards, contributions are proportional to the reduced hours. Declared constitutional by the Constitutional Court in STC 66/2022.
Schedule distribution (Art. 37.7 ET): The worker has the right to determine the specific schedule. Disputes are resolved by the Social Court via urgent and preferential proceedings that cannot be suspended (Art. 139 LRJS).
Dismissal protection: Dismissal based on exercising care leave is null and void (Art. 55.5 ET). Collective agreements may provide enhanced conditions.
FAQ on reduced working hours for care
Can the employer refuse care leave hour reduction?
No. It is an unconditional right (Art. 37.6 ET para. 3): the worker notifies 15 days in advance. The employer may only dispute the specific schedule, resolved by the Social Court via urgent proceedings (Art. 139 LRJS).
What is the maximum reduction?
Half (1/2 = 50%) of usual working hours. The minimum is 1/8 (12.5%). For a 40h week, the valid range is 20h–35h/week.
How does it affect SS contributions and pension?
For the first 2 years, full contributions are maintained (RDL 2/2021). From year 3 onwards, contributions are proportionally reduced, which may affect future benefits.
Up to what age for child care?
Until the child turns 12 (Art. 37.6.a ET). Collective agreements may extend this limit.
Questions about your reduced working hours?
Lexiel explains the types (childcare, family care, breastfeeding), rights during reduced hours and how to request them with verified references to the Workers Statute.
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