Father wins right to reduce working hours by 99% to care for autistic son
A ruling from the High Court of Justice of the Canary Islands (TSJC) has granted a Lanzarote father the right to reduce his working hours by 99% so he can care for his 12-year-old son, who has severe autism and requires constant support.
The decision overturns earlier rulings by both the Mutua and a court in Arrecife, which had denied the benefit on the grounds that the child had not undergone a prolonged hospital stay, a requirement they claimed was necessary for this type of allowance.
However, the TSJC stressed that the boy’s condition, which includes autism spectrum disorder, severe behavioural issues, language delay, and an eating disorder, constitutes a Grade 3 major dependency, meaning he needs continuous, intensive care at home. Judges noted that the absence of hospital admission does not lessen the seriousness of his needs.
In the ruling, magistrates Gloria Poyatos, Óscar González, and Javier Ercilla García ordered the Mutua to grant the father the full care benefit and to pay it retroactively from 8th November 2023. They also stated that refusing the allowance would amount to “unjustified discrimination” between children who require hospitalisation and those whose equally serious conditions are treated at home.
How the benefit works
Under Spanish law, parents of seriously ill or highly dependent children can request an extreme reduction in working hours so they can provide full-time care. When approved, the employer does not pay the missing salary; instead, the income is covered by the Mutua, the insurance body that manages social security benefits. Even with a 99% reduction, the parent remains formally employed and may only carry out a symbolic amount of work, sometimes as little as an hour a week, simply to maintain employment status while receiving the allowance.
The ruling is expected to set an important precedent for other families in the Canary Islands facing similar situations.
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