In which cases can the new special work permit with 100% salary be requested for those affected by the DANA?

This Monday, the Council of Ministers approved a new special second package of emergency measures to face the DANA catastrophe. This is a 110-measure battery with an estimated impact of 3.8 billion euros, in addition to the 10.6 billion already deployed less than a week ago. With this new decree, the coverage of aid is extended, the ‘labor shield’ is activated and almost 1 billion is earmarked for the reconstruction of the countryside and the removal of mud.

Among them, as the second vice-president and Minister of Labor, Yolanda Díaz, had already anticipated, there are the ‘non-recoverable paid leaves’ which have been regulated to allow workers to to be absent with the right to remuneration and without the need to make up the hours.

Who can benefit from these permits?

Some of the causes that entitle to enjoy these paid leaves are:

1. Impossibility of accessing the work center. or to perform the work, as a result of the state of the roads, public transport or the workplace, or as a result of orders, prohibitions, instructions, recommendations or requirements made by the civil protection authorities, “unless it is possible to work remotely,” they emphasize in Labor.
2. Work of moving, cleaning or conditioning of the domicile. usualand the recovery of belongings and other personal effects, until a stable and adequate housing solution is available, as well as the completion of procedures for obtaining official or public documents that can only be carried out in person by the worker.
3. Disappearance of family membersThe disappearance of family members, understood as the spouse, domestic partner or relative up to the second degree of consanguinity or affinity, including the blood relative of the domestic partner, as well as any other person other than the aforementioned who lived with the worker in the same domicile.
4. Death of family members. The duration of the work leave due to death, regulated in the article 37.3.b bis) of the Workers’ Statute.The leave will extend “from the causal event to the five working days following the burial”. In general terms, the leave is two days or four days if death is required.
5. Attention to duties of care derived from DANA. with respect to the spouse, domestic partner or relative up to the second degree of consanguinity or affinity, including the blood relative of the domestic partner, as well as any other person other than the above who lives with the worker in the same household.

What is considered ‘duties of care’?

“Duties of care shall be deemed to be present when. the presence of the worker is necessary for the attention when the person who, until now, has been in charge of the direct care or assistance of the spouse or relative up to the second degree of the working person could not continue to do so for justified reasons directly related to the DANA”, explained the Ministry of Yolanda Diaz. This is “an individual right of each of the parents or caregivers”, they add in Labor.