Asking for flexible hours or a changed schedule (adaptación de jornada)

Key rules

• Written request: Ask in writing, say which change you want and why, and keep a dated copy.
• Employer's refusal: A refusal must be in writing and based on objective organisational or productive reasons.
• Court deadline: You have 20 days from the employer's notification to challenge a refusal in court.
• Who is covered: Employees have the right; civil servants follow different rules.

Your right to ask

Every employee has a legal right to ask for a change to the length of the working day, the schedule, the way working time is organised, or the form of work, including remote work. The aim is to make it possible to balance work and personal life. You must give a reason for the request.

The right is stronger if you are caring for a child under 12. In that case the change must be reasonable and proportionate to your needs and to the company's organisational needs. The same right covers caring for a spouse, a relative up to second degree, or a dependant who lives in your household.

This applies to employees. It does not cover civil servants, who have their own rules.

How to ask

Make the request in writing. Say exactly which change you want (for example, finishing at 15:00 instead of 18:00, or two remote days a week) and why you need it. A vague request is easy to refuse, so be specific. Keep a dated copy.

Your employer must then open a negotiation. It lasts at most 30 days, ending in acceptance, a counter-proposal or a reasoned refusal in writing. Use this time to talk through options. The timeline below shows the steps in order.

If your employer says no

A refusal is only valid if it is in writing and gives objective reasons linked to the company's organisational or productive needs. Your employer may also reply with an alternative proposal, and you can accept it or negotiate further.

If you disagree with the answer, you can challenge it before the labour court through a fast, special procedure. You have 20 days from your employer's notification of the decision, or from the end of the negotiation period. The ruling cannot be appealed, so prepare your case carefully.

Going back to your old schedule

You can return to your previous arrangement when the reason for the change ends or the agreed period finishes. You can also ask to return if your circumstances change and justify it.

Check your collective agreement

Your sector or company agreement (convenio) may add its own steps or terms. Read it before you send the request, and ask your union representative or a labour lawyer if you are unsure.

Timeline and deadlines

• Send a written request saying which change you want and why: before you want the new schedule to start

• Negotiate with your employer: for up to 30 days after your request

• Receive the written answer: acceptance, a counter-proposal or a reasoned refusal: at the end of the 30 days at the latest

Checklist

Before and after your request

• Write your request, stating the change you want and the reason for it.

• Keep a dated copy of the request you send.

• Negotiate with your employer during the negotiation period of at most 30 days.

• Ask for the answer in writing: acceptance, a counter-proposal or a reasoned refusal.

• Note the date of the employer's notification and count 20 days from it if you want to challenge.

What to watch out for

• A vague request is easy to refuse: The request must be justified. One that gives no reason or no clear change can be turned down. Write down the exact schedule you want and why you need it, such as caring for a child under 12 or a dependant.

• Your employer can refuse on objective grounds: The right is to ask and negotiate, not to get the change automatically. The employer can refuse for organisational or productive reasons, or offer something else. Ask for the refusal or counter-proposal in writing and suggest a reasonable alternative.

• The court deadline is short: You have only 20 days to challenge a refusal, counted from the employer's notification or the end of the negotiation period. After that you may lose the chance. Note the notification date the day you receive it and see a labour lawyer or union early.

• Your agreement may add its own steps: A collective agreement may set its own terms and internal procedure for these requests. Read your agreement or ask your HR team before sending the request.

Frequently asked questions

Can I ask for flexible hours if I care for a relative and not a child?

Yes, you can ask for a changed schedule or remote work to care for a spouse, a relative up to second degree or a dependant living in your household. Your request must give the reason. The employer weighs it against the company's organisational needs.

How long do I have to challenge a refusal in court?

You have 20 days to challenge a refusal in the labour court, counted from the employer's notification of its decision or from the end of the negotiation period. The procedure is urgent and the ruling cannot be appealed.

Does the extra protection for parents apply to children of any age?

No, the stronger right applies to care of children until they reach 12 years of age.