In the world we live in, it is difficult to make time for everything, even going to the doctor when it is not a life or death emergency. Not to mention being able to accompany a family member or loved one. The strictest legality comes in here, and what the Supreme Court has determined is that Workers will only be able to use 35 hours of annual paid leave to accompany first-degree relatives to the doctor, but as long as they are dependent or are actually in charge of them. This ruling, dated March 20, supports a previous ruling by the National Court in 2021, rejecting an appeal presented by the unions.
The controversy began in 2021 when the FS-CCOO union filed a collective conflict lawsuit at the Servinform company, seeking to recognize the right of employees to use these hours for medical monitoring of fathers or mothers, regardless of whether they were in charge of the employee.
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According to the collective agreement of telephone service companies, workers can have up to 35 paid hours per year to attend Social Security medical consultations, with the condition of notifying in advance and presenting the corresponding justification.
At Servinform, an equality plan extended the use of this pool of hours to include accompanying immediate family members and dependents in the employee’s care to medical appointments. However, the company limited this right to cases where the family member (whether parent or descendant) is effectively dependent.
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The National Court dismissed the initial claim, and the Supreme Court has ratified this decision. The ruling highlights that the objective of these hours of paid leave is to facilitate the reconciliation of work and family life for workers, especially when there is a dependency between the family member who needs medical assistance and the worker. Thus, the ruling emphasizes that extending the permit to family members who are not dependent or dependent on the worker would constitute a excessive use of this right.
In Spain, the right of a worker to request permission to accompany a family member to the doctor is governed mainly by current labor legislation, applicable collective agreements and, in some cases, by the company’s internal policies. In general, the conditions under which this type of permit can be requested may vary depending on:
- The kinship relationship: Some regulations or agreements specify which immediate family members are included (for example, spouse, children, parents).
- Degree of dependency: In some cases (such as the ruling explained above) it is required that the family member for whom permission to accompany the doctor is requested be classified as a dependent or be effectively dependent on the worker. This implies that the family member does not have the autonomy to carry out certain activities on their own due to their age, illness or disability.
- Sector or company collective agreement: Collective agreements may establish specific rights in this regard, expanding or detailing the conditions under which paid leave for medical follow-up can be used. Some agreements may offer a pool of annual hours for these purposes.
- Labor legislation: The Workers’ Statute in Spain provides a framework for paid leave, although it generally focuses on situations of illness or accidents of the worker himself. The specific legislation on permits to accompany family members to the doctor may be detailed in other regulations or jurisprudential interpretations.
It is essential to review the applicable collective agreement and company policy to determine under what specific conditions permission can be requested to accompany a family member to the doctor and whether such leave would be paid. If in doubt, it is advisable to consult with the company’s human resources department or union representatives.
With information from EFE
