Caring for a parent with Alzheimer’s, a partner after an accident or a dependent sibling does not fit into a five-day leave. The Spanish Estatuto de los Trabajadores (Workers Statute) has a excedencia (unpaid leave of absence) designed for that: up to two years, with your job reserved for the first one. The difference from leave for children is the length and the requirements for the person you care for. If you are looking for the children’s version, it is in childcare leave of absence; here we cover other relatives.
What article 46.3 says
The second paragraph of article 46.3 gives a right to leave of no more than two years, unless the collective agreement sets a longer period, to anyone who must look after:
- their spouse or registered partner (pareja de hecho), or
- a relative up to second degree by blood or marriage (parents, parents-in-law, grandparents, children, siblings, grandchildren, siblings-in-law), including the blood relative of a registered partner,
provided that person cannot look after themselves because of age, accident, illness or disability and is not in paid work.
It is an individual right and can be taken in instalments. If two people in the same company generate it for the same person, the employer can limit simultaneous use, only for well-founded objective reasons, justified in writing and with an alternative plan. And if a new person in your care gives you a right to another leave, starting it ends the one you were taking.
What you keep while you are away
| Point | What the Statute establishes |
|---|---|
| Pay | None: the contract is suspended |
| Seniority | The whole period counts |
| Training | Right to vocational training courses, with the company calling you when you return |
| Job | Your post is reserved for the first year; after that, a post in the same professional group or equivalent category |
| Large family | The reservation extends to 15 months (general category) or 18 months (special) |
| Dismissal | Dismissal of someone who has requested or is taking this leave is void (art. 55.5.b) |
Social Security counts the period as contributed for certain benefits. Article 237.2 of the LGSS treats the first three years of leave to care for a relative up to second degree as contributed for retirement, permanent incapacity, death and survivor benefits and maternity and paternity benefits. Since this leave lasts under three years, the whole period is included. The article does not mention unemployment benefit; if paro worries you, ask the SEPE before applying.
An example with figures
Lola earns €1,800 gross a month. Her father has had a stroke and needs care. Compare two ways out:
| Option | Duration | What she loses | What she keeps |
|---|---|---|---|
| Leave of absence | 12 months | 1,800 × 12 = €21,600 | Reserved job, seniority |
| Reduced hours by half (art. 37.6) | 24 months | 900 × 24 = €21,600 | Earns €900 a month and stays on the payroll |
The money not earned is the same in this example: €21,600. What changes is how you live those months. On leave you earn nothing and you are away from work; on reduced hours you earn half and keep working. Reduced hours have their own requirements: a relative up to second degree who cannot look after themselves and is not in paid work. They are explained, with a pay table, in reduced hours for childcare.
If the need is short, for example an operation, look also at leave for a relative’s hospitalisation or serious illness, which is paid but brief.
How to request it
The Statute sets no notice period for this leave. Many agreements and many companies ask for about 15 days, but that comes from your collective agreement, not the law. Do it in writing, with the start date and, if you know it, the end date, and keep a stamped copy. Keep documents that prove the situation: a medical report, a disability or dependency certificate, a family record or partnership certificate. The Statute does not list the documents, but you will be asked for them.
If the employer disagrees, disputes about work-life balance rights go to the labour court under the procedure of article 139 of the labour procedure law (eighteenth additional provision of the Statute).
Care leave or voluntary leave
| Point | Care of a relative | Voluntary |
|---|---|---|
| Duration | Up to 2 years (more if the agreement provides) | 4 months to 5 years |
| Job reserved | Yes (first year) | No: only a preferential right to return |
| Minimum seniority | No | One year |
| Reason | Care for a relative who cannot cope alone | Any |
Compare it with voluntary leave of absence.
What happens when you return
Before it ends, ask in writing to return, stating the date. During the first year, the employer must reserve your job (up to 15 or 18 months if the reservation is extended for a large family). If you return later, it only has to give you a post in the same professional group or an equivalent category. That is the difference from voluntary leave, where you only have a preferential right to vacancies (art. 46.5).
You also have the right to vocational training courses on your return, and the company must call you. It is a good moment to ask for them in writing. If you are not allowed back, it may be treated as a dismissal, with a 20-working-day deadline to challenge; get advice as soon as possible.
Why your case may be different
- Your collective agreement may extend the two-year limit or regulate who can take it and how.
- If the person you care for works, even part-time, they may not meet the requirement of not being in paid work.
- The degree of kinship matters: an uncle or a cousin falls outside the second degree.
- If the need is temporary and short, a leave of absence may be too much; other options such as paid leave or a working-time adaptation may be enough.
This is general information and does not replace professional advice. With deadlines or money at stake, speak to an employment lawyer (abogado laboralista) or a union.