Carers’ leave and individualized work schedule for carers of sick people

Recently, the labor legislation has been amended by introducing the concept of caretaker leave for seriously ill people. In addition, employees who will apply for carers’ leave to take care of a relative or other person in his household who is seriously ill will have the opportunity to request an individualized work schedule.

The new carer’s leave will last five working days a year and can be granted on request, the employer being unable to refuse this right to the employee (although it was officially introduced in the labor legislation, from October 22, 2015). This right cannot yet be requested by employees without implementing rules). The period during which the employee is absent from work shall not affect the period of leave to which he is entitled, and may also apply for an individualized work schedule, whether it is a fixed or indefinite period.

What does this individualized work program mean?

Although it could have been requested by employees until now, Law 283/2022, which amended the Labor Code introduced a series of details on the flexible organization of working time specific to individualized work programs.

Thus, on the one hand, we have the division of working time into two periods (one fixed in which the staff are simultaneously at work and one variable, chosen by the employee), provisions that existed previously, but also teleworking, working at home, flexible programs or even with reduced time, This is the result of Law 283.

Thus, if the employee needs to benefit from a different work schedule for a certain period of time, he can ask the employer to do so. The new provisions of the Labor Code provide that if the situations that led to the request for the change of the program have ceased, the employee has the right to return to the initial program before the end of the established period.

The application for an individualized work program is not only granted to those who will benefit from carers’ leave when it can be taken, but can be submitted by all employees.

If the employer is obliged to grant carers leave, there is no obligation with regard to the individualized working hours. The employee may submit the application, but the employer may refuse it. The only obligation the employer has is to answer to the employee, motivated and in writing, why he does not agree with this change of program, within five working days from the date of submission of the application.