New labor provisions on hiring workers with disabilities or dependency in Spain

In addition to amending the General Law on the rights of individuals with disabilities and their social inclusion, Law 4/2026 of October 1, 2026 amending the Revised General Law on the rights of individuals with disabilities and their social inclusion and Law 39/2006 of December 14, 2006 on the promotion of personal independence and care for dependent individuals, includes several new labor law provisions.

The law amends the provisions on reduced working hours in article 37.6 of the Workers’ Statute:

• Where the child has a severe disability or severe dependence and needs continuous care, reduced working hours can be kept beyond the stipulated age for as long as the need for care and the joint living arrangement continue to exist. 
• In these particularly severe cases, both parents will be able to share the reduction to working hours simultaneously and proportionally, provided that the reduction does not go above 100% of their working hours, regardless of their marital status. Furthermore, a child’s attendance at school cannot in itself be a ground for denial, suspension, or termination of the corresponding financial benefit.
• With regard to reduced working hours for care, during hospitalization and ongoing treatment of a child affected by cancer or another serious illness, the reference to a proportional reduction in salary and the age limit have been removed.
• The reference to a spouse or civil partner in connection with reduced working hours for family members has been removed, and the provision now reads as follows: “The same right shall apply to anyone who must provide direct care for a family member up to the second degree of consanguinity or affinity, who, due to age, accident or illness, cannot look after themselves, and who is not engaged in paid work. 
• The provision stating that if two or more workers at the same company are entitled to reduced working hours in respect of the same individual, the employer may restrict the reduction being taken simultaneously for well-founded and objective reasons related to the company’s operations and must offer an alternative plan has been removed.

The employer’s obligation to adopt workplace accommodation and accessibility measures has been extended to apply to both individuals with disabilities and to their spouses or civil partners and to family members up to the second degree of consanguinity who provide care, unless such measures would impose an excessive burden, which must be assessed by reference to amounts of public support, costs, and the size of the company and volume of its business.

To gain access to professions, trades, and activities involving regular contact with individuals with disabilities or dependent individuals in the field of support and care, it will be necessary to provide a clear record certificate from the Central Register of Sex Offenders and Human Trafficking and from the Central Register for Protection of Victims of Domestic and Gender-Based Violence. It is prohibited to hire individuals with a record on these registers, and subsequently obtaining a record on them will result in immediate termination of an individual's employment relationship, unless they can be transferred to a position where they do not have such contact. The employee must report any changes to these records and failure to do so will be considered a serious and culpable breach justifying disciplinary dismissal, under article 54.2.d) of the Workers’ Statute (breach of good faith). 

Moreover, the provisions on companies dedicated to disability inclusion in the workplace (previously known as “special employment centers”) have been amended. The Government, within a maximum period of one year from the date of entry into force of the law, will approve a new royal decree regulating the special employment relationship at companies dedicated to disability inclusion in the workplace. 

The law was published in the Official State Gazette (BOE) on October 3, 2026, and will come into force twenty days after its publication.