Law 4/2026: Key aspects of the employment law reform on disability and caregiving

Law 4/2026: Key aspects of the employment law reform on disability and caregiving

Companies will need to review their procedures for managing caregiving arrangements, recruitment and reasonable accommodations as the reform comes into force.

The Spanish Official State Gazette published Law 4/2026 of 1 October, which reinforces the rights of people with disabilities and introduces changes to employment and social security legislation. The new law will enter into force on 23 October 2026.

Reduced working hours to care for children with serious illnesses

In situations of severe disability or a high level of dependency, the reduction in working hours may exceptionally continue beyond the applicable age limits, provided that the documented need for care continues and they continue to live in the same household.

In these cases, both parents may share the reduction simultaneously, provided that their combined reductions do not exceed 100% of the working day.

Benefit for caring for children with cancer or another serious illness (CUME) and school attendance

School attendance will not, in itself, justify denying, suspending or terminating the benefit where the medically certified need for care continues.

Non-contributory pensions and compensation

Compensation for personal injury arising from civil liability and recognised by law or by a court will be excluded from the calculation of income. This exclusion does not cover salary payments, income replacement benefits or any subsequent income generated by the compensation.

Criminal record checks and penalties

Requirements concerning criminal records are strengthened for support and care activities involving regular contact with people with disabilities or people in situations of dependency. Failure to comply will be classified as a very serious infringement.

Regarding reductions in working hours, we recommend assessing each request individually. The percentage reduction, the working time arrangements and the conditions for review should be documented, avoiding automatic responses based solely on the age of the person requiring care.

For the CUME benefit, we recommend distinguishing between the management of the employment entitlement and the decision on the financial benefit. Coordination with the mutual insurance provider or administering body will help ensure that employees receive appropriate guidance and that the company supplies the required documentation.

Organisations providing support and care services should identify the roles affected and review their recruitment checks. This review should cover the required supporting documentation, the appropriate handling of information and the response to any issues that arise.

How can we assist you?

At Bové Montero y Asociados, we help you assess the impact of this reform on your organisation and adapt your internal policies and procedures.

Our Legal and Employment Department provides advice to address any questions that arise and respond to each situation in accordance with the applicable regulations and your company’s needs.