Spain: The Urda train accident and care for children with cancer: new developments in labor and social security legislation
Two new pieces of legislation introduce specific measures in the labor and social security field, with changes affecting both those impacted by the Urda train accident and those who reduce their working hours to care for children with cancer or another serious illness.
The Official State Gazette (BOE) has published Royal Decree-Law 32/2026, of November 3, 2026, on aid for victims of the Urda (Toledo) train accident, which took effect on November 4, 2026. In the labor law field, it includes the following measures:
- It prohibits penalizing workers who were unable to report to work or arrived late due to the accident or service disruptions.
- As an exception, it treats the following as a work-related accident: temporary disability processes commenced before November 30, 2026 as a result of the accident and, for the purposes of their amount if more favorable, permanent disability and death and survivor benefits.
In addition, the BOE has published Royal Decree 957/2026, of November 4, 2026, regulating the cash benefit for the care of minors affected by cancer or another serious illness, which includes, among others, the following provisions:
- The cash benefit for the care of minors affected by cancer or another serious illness, as a result of a reduction in working hours of at least 50%, in accordance with paragraph three of article 37.6 of the Workers’ Statute, is extended to situations equivalent to hospitalization, such as home hospitalization, outpatient or ongoing treatments, home care resulting from specialized and complex therapies, and complex home care that, by medical prescription, must be direct, continuous, and permanent.
- The percentage of reduced working hours is calculated based on the working hours of a comparable full-time employee at the same company and workplace.
- Both parents may receive this benefit, either alternately or simultaneously, provided each meets the requirements for a reduction in working hours.
- The company must certify the start date, the percentage of the reduction, and the employee’s contribution bases.
Royal Decree 957/2026, which was published in the BOE on November 5, 2026, will take effect two months after its publication.
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