The Ministry of Labor proposes up to 15 days of leave for palliative care.

MadridThe Ministry of Labor has put its proposal to extend death leave and create a new palliative care leave in black and white. This Sunday, the team of First Vice President and Minister of Labor, Yolanda Díaz (Sumar), sent a text to the social partners (majority unions and employers' associations) to address both benefits. Unions and employers' associations received the document via WhatsApp, just before the social dialogue table on the dismissal reform held this Monday, which has upset social representatives. "These are not the ways [to begin discussing a regulatory change]," said the general secretary of union action for CCOO, Javier Pacheco, in statements to the media this Monday.

The document, in addition to including the leave of up to ten working days for the death of a family member, details that in the case of palliative care, the leave will be for "fifteen working days," as the Ministry of Labor has announced.Cadena SER reports, and it follows from the text to which ARA has had access. Workers may be granted palliative care leave when it affects "their spouse, common-law partner, or a relative up to the second degree of consanguinity" who requires palliative care "whether in a hospital or home setting." A medical report justifying this situation will be required, however, as stated in the draft regulation. This new leave may only be used once for the person requiring care, and the fifteen days may be divided "into two parts" over "a period of three months."

In the case of bereavement leave, it is expected to be "ten working days" when it affects a spouse, common-law partner, or a relative up to the second degree of consanguinity. For relatives up to the second degree of "affinity," two working days are provided, which may be extended by two more, up to four days, in the event of travel. The affected person may distribute these days continuously or intermittently "over a period of four weeks," as stated in the text, from the date of death.

In both cases, these are paid leave. The measure requires amending the Workers' Statute and, therefore, must be approved by royal decree and then voted on in the Congress of Deputies, where each vote is determined by the balance between the Spanish government and its investiture partners.

Although the proposal was put on the table at Monday's meeting, unions, employers, and the Spanish government will meet on November 5 to address it. Initially, the CEOE employers' association did not approve of the measure, while the unions applauded it. For his part, the Minister of Economy, Carlos Cuerpo (PSOE), urged Díaz to seek "a balance" between the parties.

Dismissal, the great pending reform

On the other hand, Treball has not yet proposed any concrete text regarding the reform of severance pay for unfair dismissal. Specifically, the current 33-day severance pay.

This is a battle between the majority unions, CCOO and UGT, which intend to present a joint proposal within three weeks. In addition to revamping the severance pay (they want it to cover the damages caused to the worker by an unfair dismissal and to discourage employers from firing without cause), they also want to reinstate the procedural wages and the pre-trial hearing. Sources from the CEOE employers' association hope to hear a proposal in order to conduct an assessment.

Díaz wants to channel a reform that takes into account the European Social Charter. In fact, the government agreement between the PSOE and Sumar includes a commitment to establish "guarantees for workers in the event of dismissal, complying with the European Social Charter and reinforcing the causal relationship in the termination of employment relationships." The Ministry of Labor is considering taking into account the personal and work circumstances of the dismissed worker.