SPAIN Law and Practice Contributed by: José Antonio Segovia, A&O Shearman
Unpaid leave to take care of children or family members Employees may take up to three years’ unpaid leave from the date of a child’s birth, or from the administra - tive resolution in cases of adoption. Employees may also request unpaid leave, with a maximum duration of two years, to take care of family members who, due to age, accident or illness, cannot care for them - selves. In both cases, employees have the right to be reinstated by the company after taking such leave. Reduction of working hours Employees with a child aged under 12 or who are responsible for a person with a physical, mental or sensory disability are entitled to a reduction in working hours with a pro rata reduction in salary of between one eighth and one half of the normal duration of the working day. This reduction in working hours consti - tutes an individual right of any employee. 2. Restrictive Covenants 2.1 Non-Competes Restrictive covenants are enforceable if certain requirements are met. A non-competition clause in the course of employ - ment is an employment obligation. No special regula - tion is needed. Exclusivity restrictions must be adequately remuner - ated in order to be enforceable. The law does not make provision as to how much is “adequate” for this purpose. Post-contractual non-competition restrictions may not exceed two years for technicians and six months for other employees. Post-contractual non-competi - tion restrictions must meet the following requirements: • there must exist a real industrial and commercial interest in such a restriction; and • adequate compensation must be provided. The law does not make provision as to what is ade - quate for these purposes although, on the basis of case law and depending on how restrictive the cov -
Furthermore, employees are entitled to: • 15 calendar days in the case of a marriage; • one day in the case of change of residence; • the time strictly necessary to comply with an una - voidable duty of a public and personal character; • the time necessary to perform union or employee representative tasks; • a reduction of their working hours if they are the victims of gender violence or terrorism, in order to make effective their protection or social assistance; and • five days in the event of hospitalisation, serious accident, surgical intervention, or home rest of the spouse, registered partner, or relatives up to the second degree of consanguinity. Maternity leave Employment for mothers is suspended for 16 weeks due to the birth of a child; this is extended in the case of multiple births by two weeks for each additional child. The first six weeks following the date of birth This leave has been gradually increased, and since 1 January 2021, paternity leave is 16 weeks due to the birth of a child, being extended in the case of multiple births by two weeks for each additional child. Employ - ees are obliged to take paternity leave for at least the first six weeks following the date of birth. After those first six weeks, paternity leave can be taken on a part- time basis. Social security covers maternity and paternity pay - ments up to 100% of the contribution base. Several CBAs oblige companies to supplement the social security allowance up to 100% of the employee’s salary. Parental leave Employees have the right to enjoy unpaid parental leave to take care of a child up to eight years old. The leave will have a duration of eight weeks, either continuously or not, to be enjoyed in full or part time. are compulsory. Paternity leave
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