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Introduction
The Law 4/2026, dated October 1, 2026, introduces significant innovations regarding the reduction of working hours for parents or legal guardians caring for a child suffering from cancer or another serious illness. By updating article 37.6 of the Workers’ Statute and modifying the framework of the Minor Care Benefit (CUME), this reform aims to offer better protection and flexibility for families in difficult situations. This article provides a detailed breakdown of each innovation and its impact on employees, companies, and human resources professionals.
1. What is the Reduction of Working Hours for Caring for a Child with Cancer or Serious Illness and the CUME Benefit?
The reduction of working hours for the care of a sick child, established under article 37.6 of the Workers’ Statute, enables a parent or guardian to reduce their working hours—usually by at least 50%—in order to provide necessary care during hospitalization and prolonged treatment. The CUME benefit ensures full economic compensation by paying 100% of the regulatory base proportionate to the reduced work schedule.
The key requirement is the submission of medical reports and credentials from the public health service that confirm the child’s need for continuous care. This measure not only protects the health and well-being of the child but also stabilizes the family’s economic situation during critical times.
2. Law 4/2026: Approval, Effective Date, and Normative Changes
Published in the Official State Bulletin on October 3, 2026, Law 4/2026 comes into effect on October 23, 2026, following a 20-day period from its publication. This law not only amends the applicable labor and social security regulations—including the TRLGPD, Law 39/2006 of Dependency, and aspects of the Workers’ Statute, EBEP, and LGSS—but also redefines the framework of the care benefit.
In particular, Final Provision 10 rewrites article 37.6, expanding the right to reduce working hours under exceptional circumstances and ensuring greater flexibility for families facing severe health crises.
3. Innovation 1: Extending the Reduction Beyond the Age Limit
One of the most significant innovations is the extension of the working hour reduction beyond the previously established age limits, in cases where the child suffers from severe disability or high dependency. As long as the child requires intensive care and lives with the parent, the right to maintain the reduced schedule persists, without being constrained by age restrictions.
4. Innovation 2: Simultaneous Sharing by Both Parents
In a move towards greater equity and work-life balance, both parents will now have the opportunity to share the responsibility of the reduced working hours simultaneously. This shared reduction can total up to 100% of the working day, provided that it is proportionately divided, regardless of the parents’ marital status. Additionally, under collective agreements, it is possible to accumulate the hours into complete workdays, facilitating internal company organization.
5. Innovation 3: School Attendance and the CUME Benefit – Ensuring Compatibility
A critical change is that attending school can no longer serve as a basis to deny, suspend, or extinguish the CUME benefit. Health reports will ensure that despite the child’s regular attendance at school, the ongoing treatment, periodic medical consultations, emergencies, or necessary sanitary displacements warrant continuous caregiving. This guarantees that academic attendance does not jeopardize the right to adequate care.
6. Family Changes: Separation, Divorce, Gender Violence and the Child’s Marriage
In circumstances such as separation, divorce, or instances of domestic violence, the working hour reduction right is allocated to the parent who continues to reside with the child. Should the child enter into marriage or a registered partnership, the right transfers to the new spouse or partner. This provision is aimed at safeguarding the welfare of the child and ensuring that the primary caregiver does not lose access to essential benefits during periods of family restructuring.
7. Reassessment of Benefits Lost Due to Age Limits
Under the new law, individuals who previously lost the CUME benefit upon reaching the age limit can now request a review if the child continues to exhibit severe disability or high dependency. This reassessment aims to rectify past shortcomings by restoring benefits for families who maintain a demanding caregiving situation.
8. Current Requirements, Amount and the Process of Applying through Mutual Insurance or the INSS
Under the current framework, the reduction entitles the caregiver to a minimum 50% decrease in working hours, with a corresponding economic benefit calculated at 100% of the regulatory base proportionate to the reduction. Applicants must submit all relevant medical documentation and evidence to either the company’s mutual insurance or the INSS.
Law 4/2026 further streamlines the application process by mandating a simplified procedure and rapid, specialized resolution by the INSS, which is a clear improvement for families in need.
9. Changes for Self-Employed Workers and Public Employees
Both self-employed individuals and public employees will experience changes tailored to their specific employment situations. For self-employed workers, provisions ensure that the annual regularization of social security contributions based on actual earnings will not undermine their protection. Public employees, as per Final Provision 11 of the EBEP, will benefit from conditions that align closely with those available in the private sector.
10. Implications for Foreign Workers: Working Hours Reduction, Contributions, and Residence Renewal
For foreign workers, the new regulations guarantee that the right to a reduced working schedule is maintained regardless of nationality, provided that all statutory conditions are met. The reform also protects the continuity of social security contributions and ensures that the process of residence renewal is not adversely affected, thereby safeguarding the rights of foreign employees in Spain.
11. Checklist for Companies and HR Departments
- Review and adapt employees’ requests in line with the new guidelines.
- Ensure the possibility of accumulating reduced hours into full days under collective agreements.
- Adjust workplace accessibility and accommodations for family members involved in caregiving.
- Coordinate effectively with mutual insurers and the INSS to facilitate prompt approvals.
These recommendations are essential for companies to comply with the new law and to guarantee that employees receive their entitled benefits without administrative hurdles.
12. Pending Regulations and Frequently Asked Questions
Although Law 4/2026 represents a major step forward, certain aspects remain subject to pending regulatory development, notably the amendment of RD 1148/2011, which is expected to be updated in the coming six months. This forthcoming regulation is critical to clarifying the application of the CUME benefit within the broader social security framework.
Additionally, several FAQs have emerged regarding the application process, compatibility with other benefits, and implementation in special cases such as domestic violence or family separation. It is advisable to keep abreast of official guidelines and seek expert legal advice when necessary.
In summary, the reform significantly enhances the protection and flexibility for families during times of health crises, ensuring that caregiving commitments can be balanced with economic stability.
For further inquiries or legal guidance on this reform and other labor or social security issues, please contact Fernanda Vargas via WhatsApp or book an appointment through Calendly.