How parents in Spain can demand to work 100% from home
The good news is that in Spain, if you are employed and have children under 12 years old or care for disabled or elderly parents who are completely dependent on you, then by law, your company must allow you to work from home – and not just occasionally. You actually have the right to request to work exclusively from home.
This is not just a rule that you can request and that your company decides whether to grant you or not - this is your right as an employee.
Your company is at the very least obliged to negotiate with you and can only refuse if it has a justifiable objection.
This basically means it may depend on the type of work you have. If you work in an office, this will be possible, but if you have a client facing role as a tour guide or you're a teacher for example, it might not be.
Here's what the law actually says:
Article 34.8 of the Workers' Statute allows any worker to request adjustments to their working hours to balance work and family life. This includes:
Shift or schedule changes
Modified working hours
Remote work, even at 100 percent capacity
This right applies to those responsible for:
Children under 12 years of age
Dependent family members
What are the key requirements?
Your work must be able to be done remotely with the same or very similar results.
The request must be motivated by real and justified work-life balance needs.
To refuse, the company must be able to demonstrate clearly that it would do damage to their business if you worked remotely or changed your schedule.
Several court rulings have in fact ruled in favour of the employee when the company refused, however.
One recent case involved a worker who successfully argued that because she had worked remotely during the pandemic and already worked from home two days per week, then she could work remotely all the time. She proved that her performance was the same when working from home and in the office.
Another example was in January 2025, when the High Court of Justice in Madrid ruled in favour of a lawyer with a disabled daughter and ordered her company to allow her to work exclusively from home. She was also awarded €7,500 in compensation for discriminatory treatment.
How do I request to work from home or a change in schedule?
You must send your request in writing asking for schedule adjustments or the ability to work from home. You must include:
Your family situation and cite Article 34.8 of the Workers' Statute.
Attach supporting documentation such as birth certificates, disability certificate, family record book, etc.
The company must respond within a maximum of 15 days. If they refuse, they must explain their reasons in writing.
If there is no agreement, you can go to court. According to legal experts, the procedure is quick and is usually resolved within a few weeks.
Many companies in Spain continue to act as if being able to work remotely is simply a favour to you, but it's actually written into the law.
When there is a real need for work-life balance, such as caring for children dependents, the law protects your right to request a different way of working, as long as it is both possible and reasonable.
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How parents in Spain can demand to work 100% from home
Working a job and looking after children or caring for relatives at the same time can be a tricky balancing act that demands a lot of time and sacrifice on your part, yet this is the reality for millions. The good news is that in Spain, if you are employed and have children under 12 years old or care for disabled or elderly parents who are completely dependent on you, then by law, your company must allow you to work from home – and not just occasionally. You actually have the right to request to work exclusively from home. This is not just a rule that you can request and that your company decides whether to grant you or not - this is your right as an employee. Your company is at the very least obliged to negotiate with you and can only refuse if it has a justifiable objection. This basically means it may depend on the type of work you have. If you work in an office, this will be possible, but if you have a client facing role as a tour guide or you're a teacher for example, it might not be. Here's what the law actually says: Article 34.8 of the Workers' Statute allows any worker to request adjustments to their working hours to balance work and family life. This includes: Shift or schedule changes Modified working hours Remote work, even at 100 percent capacity This right applies to those responsible for: Children under 12 years of age Dependent family members What are the key requirements? Your work must be able to be done remotely with the same or very similar results. The request must be motivated by real and justified work-life balance needs. To refuse, the company must be able to demonstrate clearly that it would do damage to their business if you worked remotely or changed your schedule. Several court rulings have in fact ruled in favour of the employee when the company refused, however. One recent case involved a worker who successfully argued that because she had worked remotely during the pandemic and already worked from home two days per week, then she could work remotely all the time. She proved that her performance was the same when working from home and in the office. Another example was in January 2025, when the High Court of Justice in Madrid ruled in favour of a lawyer with a disabled daughter and ordered her company to allow her to work exclusively from home. She was also awarded €7,500 in compensation for discriminatory treatment. How do I request to work from home or a change in schedule? You must send your request in writing asking for schedule adjustments or the ability to work from home. You must include: Your family situation and cite Article 34.8 of the Workers' Statute. Attach supporting documentation such as birth certificates, disability certificate, family record book, etc. The company must respond within a maximum of 15 days. If they refuse, they must explain their reasons in writing. If there is no agreement, you can go to court. According to legal experts, the procedure is quick and is usually resolved within a few weeks. Many companies in Spain continue to act as if being able to work remotely is simply a favour to you, but it's actually written into the law. When there is a real need for work-life balance, such as caring for children dependents, the law protects your right to request a different way of working, as long as it is both possible and reasonable.
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