Working Hours Reduction for Care of a Child with a Disability (Art. 37.6 ET)

Employment right allowing any parent, adoptive parent, or guardian of a child with a disability to reduce their working hours by a minimum of one-eighth (1/8) to a maximum of one-half (1/2), with a proportional reduction in salary. Official disability certification is not required — an official medical diagnosis suffices. It is an individual right of each parent, and the employer cannot refuse.

Requirements

• •Being a parent, adoptive parent, or guardian with legal custody of the minor
• •The child must have a recognized disability or an ongoing medical diagnosis
• •Active employment status under an active employment contract
• •Working hours reduction must be between 1/8 and 1/2 of standard working hours

Steps to follow

1. 1Obtain an official medical report (neuropediatrician, child psychiatrist, or primary care physician) certifying your child's disability or need for special care.
2. 2Draft a written request addressed to your company stating the reduction percentage, proposed work schedule, and start date. Explicitly reference Article 37.6 of the Workers' Statute (*Estatuto de los Trabajadores*).
3. 3Submit the application to HR or by certified mail with acknowledgment of receipt. The employer has 10 days to respond and must negotiate in good faith — they cannot deny the right.
4. 4If the employer rejects the application or no agreement is reached, contact your autonomous community's SMAC for mediation prior to filing in labor court (juzgado de lo social).
5. 5Once the reduction is agreed upon, consider combining it with CUME (EST-001) if reducing working hours by at least 50%, in order to offset wage loss through Social Security.

Required documents

• •Official medical report certifying the minor's disability or need for special care
• •Applicant's DNI
• •Family Record Book (Libro de familia) or birth certificate
• •Written application addressed to the employer with a stamped copy or acknowledgment of receipt

Where to file it

Empresa / Departamento de Recursos Humanos

• •Solicitud escrita al empleador
• •SMAC (Servicio de Mediación Arbitraje y Conciliación) en caso de negativa