Article 37.3(b) of the Workers’ Statute (ET) regulates one of the most widely used and controversial paid leave entitlements: leave due to accident or serious illness, hospitalization, or surgical intervention without hospitalization requiring home rest of the spouse, registered partner, or relatives up to the second degree. The reform introduced by Royal Decree-Law 5/2023 has brought about a new interpretative framework for these types of leave, while at the same time interpretative discrepancies have emerged regarding essential aspects: Is it necessary to prove that the worker actually provides care to the family member? Is cohabitation required? Is hospital discharge sufficient to terminate the leave?
This paper addresses these issues in light of recent case law, including rulings of the Supreme Court (SSTS) and the High Courts of Justice, and proposes interpretative and legislative criteria for an appropriate use of this right.