Law 4/2026 allows working time reduction for caring for children with severe disability or severe dependency to be kept, exceptionally, beyond the age limits
The reform of article 37.6 of the Workers' Statute allows, exceptionally, the reduction to be kept beyond the age limits and shared between both parents.
Working time reduction to care for a son or daughter in a situation of severe disability or severe dependency may exceptionally be kept beyond the established age limits. Law 4/2026, of 1 October, published in the BOE on 3 October and in force since 23 October 2026, has amended section 6 of article 37 of the Workers' Statute to include that exception, for as long as the need for care remains duly accredited and cohabitation with the beneficiary continues.
What article 37.6 now says
The tenth final provision of Law 4/2026 introduces two literal novelties into article 37.6 of the consolidated text approved by Royal Legislative Decree 2/2015, of 23 October. The first: "Exceptionally, when the son or daughter is in a situation of severe disability or severe dependency requiring continuous care, the right to working time reduction may be kept beyond the established age limits, while the need for care persists duly accredited and cohabitation with the beneficiary is maintained".
The second novelty regulates shared enjoyment: "in these cases of special care intensity, both parents may share the percentage of working time reduction, simultaneously and in proportion to the reduction time assumed by each of them, without the sum of the reductions exceeding one hundred percent of the working day, regardless of their marital status".
The requirements that remain
The reform does not alter the core of the right. Those who, by reason of legal custody, have direct care of a child under twelve or a person with disability not carrying out paid activity keep the right to a reduction of the daily working day, with proportional salary decrease, between at least one eighth and a maximum of half of its duration, as do those who must care for a relative up to the second degree of consanguinity or affinity unable to look after themselves.
For cases of cancer or other serious illness of the child involving long-term hospitalisation and requiring direct, continuous and permanent care, the reduction remains at least half of the working day, accredited by a report from the public health service or the competent health administrative body of the autonomous community. The possibility of accumulating the reduction into full days remains referred to collective bargaining.
Extension to public employment
The eleventh final provision of the same law extends the novelty to the consolidated text of the Basic Statute of Public Employees, approved by Royal Legislative Decree 5/2015, of 30 October: two new paragraphs are added to article 49, letter e), so that public employees may also extend the reduction beyond the age limits in cases of severe disability or severe dependency, and share it between both parents, adopters, pre-adoption guardians or permanent foster carers.
What the new wording requires
Extending the right requires that the need for care persists and is duly accredited, and that cohabitation with the beneficiary continues.
Simultaneous and proportional enjoyment by both parents cannot exceed, in total, one hundred percent of the working day. Section 6 itself recalls that, in exercising the right, the promotion of co-responsibility between women and men will be taken into account and the perpetuation of gender roles and stereotypes will be avoided.
Source: BOE No. 246, of 3 October 2026 (Law 4/2026, BOE-A-2026-20528).
Related links
Fuentes
- boe.es. Accessed 2 November 2026.
The specific data in this article come from the official sources cited.
