📊 Comparison of working schedule conditions
Reduced hours for childcare or family care (reducción de jornada por guarda legal) is a statutory right in Spain that allows employees to reduce their daily working hours, with a proportional reduction in salary, to care for dependent family members.
📊 Spain 2026 reduced hours and salary limits
The statutory limits and social security rights established for guarda legal include:
| Parameter Category | Statutory Limit | Impact on the Employee |
|---|---|---|
| Hours Reduction | 12.5% (1/8) to 50% (1/2) | The legal range you can request voluntarily. |
| Salary Reduction | Proportional to hours reduced | Applies to your base salary and work-related supplements. |
| Social Security Protection | 100% of full-time base | Active for retirement and unemployment for up to 2 years. |
👶 What is reduced hours under Spanish law?
According to Article 37.6 of the Spanish Workers’ Statute, any employee can request this schedule reduction to take care of:
- A child under 12 years of age.
- A person with a physical or mental disability who does not earn income.
- A relative up to the second degree of consanguinity who, due to age, accident, or illness, cannot care for themselves.
⚙️ How is the salary reduction calculated?
The salary reduction must be strictly proportional to the reduction in working hours. It applies to your base salary and salary supplements (seniority, sector supplements) paid per workday, but does not apply to non-salary refunds (such as travel mileage or transit tickets):
- Determine the percentage of hours you want to reduce (e.g. 30%).
- The gross salary is calculated by subtracting this exact percentage:
Reduced Salary = Full-Time Salary × (1 - Reduction % / 100)
🛡️ Special dismissal protection and Social Security
Requesting a schedule reduction for family care provides two important legal protections:
- Invalid Dismissal (Despido Nulo): Any unjustified termination of an employee on a reduced schedule is automatically declared null by Spanish courts, forcing the employer to reinstate the worker and pay back wages.
- Social Security Protection: Article 237 of the Spanish General Social Security Act states that during the first 2 years of childcare reduction (and 1 year for relative care), social security contributions for retirement, permanent disability, and maternity/paternity are calculated at 100% of the full-time rate.
🚶 Duration and requirements to apply
- Child’s age limit: You can enjoy this right until your child reaches 12 years of age.
- Written notice: You must notify your employer in writing at least 15 days in advance, stating the start date and your proposed schedule.
- Schedule choice: The employee has the right to choose the specific hours of the reduction within their standard daily schedule.
❓ Frequently Asked Questions (FAQ)
No. It is a statutory right. However, if two employees in the same company request a reduction to care for the same person, the employer can restrict simultaneous use for justified operational reasons.
Your extra payments are reduced in the same proportion as your monthly salary for the duration of the reduced schedule period.
Both your severance pay (indemnización) and your unemployment benefits (paro) are calculated based on your **original full-time salary**, protecting your financial rights.
Yes, you can request changes, but you must provide 15 days' notice. If the employer disagrees, the dispute is resolved through an urgent family reconciliation procedure in labor courts.
Yes. You have the right to request a reduction to care for relatives up to the second degree of consanguinity (parents, grandparents, children, siblings, and grandchildren) who cannot care for themselves and have no income.