Worker rights in case of serious illness of a child

Abstract

The Spanish legal system provides many tools to facilitate the reconciliation of work and family life. However, in the majority of cases, these mechanisms respond to the need of taking care of certain individuals who, due to their special characteristics, need a direct care worker (children, disabled etc.). Furthermore, it is common that the exercise of these rights is conditional upon the occurrence of certain circumstances in which workers' intervention becomes more accurate as it happens, for instance, in the course of looking after a child suffering from a disease. Indeed, due to the natural dependence on the parents, their attention becomes necessary during the convalescence of a child because if they usually require child care, on special conditions as these, special care is derived from the disease and a greater temporary dedication. Before this situation, it becomes necessary that the arbitrator sets legal measures to ensure the care of the children.

This paper aims to study the specific measures that our legal arbitration offers for employees to take care of a sick child. Specifically analyzed permission and shorter working hours for premature childbirth or if for any other reason, should they remain hospitalized after childbirth, reduced hours to look after children affected by cancer or other serious diseases, the interruption of the suspension of the employment contract with the maternity hospital soon after childbirth, and, finally, the extension of the suspension period of maternity contract in case of hospitalization of the child after birth.