Royal Decree Project for the Care of a Minor Child, Affected by Cancer or Other Serious Illness of Article 49.e) of the TREBEP

Open the public consultation period of the Royal Decree Project for the care of a minor child affected by cancer or other serious illness of Article 49.e) of the TREBEP.

The Royal Decree project for the care of a minor child affected by cancer or other serious illness is subject to public consultation until July 31, 2024.

In accordance with the provisions of articles 133 of Law 39/2015, of 1 October, of the Common Administrative Procedure of Public Administrations and 26.2 of Law 50/1997, of 27 November, of the Government, and with the aim of improving the participation of citizens in the procedure of elaboration of norms with rank of Law and regulations, this prior public consultation aims to gather the opinion of the subjects and of the most representative organizations potentially affected by the future norm on:

• The problems that are intended to be solved with the initiative.
• The need and opportunity for its approval.
• The objectives of the standard.
• The possible alternative regulatory and non-regulatory solutions.

In compliance with the above and in accordance with the provisions of Order PRE/1590/2016, of 3 October, which publishes the Agreement of Council of Ministers of 30 September 2016, by which instructions are issued to enable public participation in the process of elaboration of regulations through the web portals of the ministerial departments, citizens, organizations and associations that consider it, may send their comments on the project of Royal Decree that develops the care permit for minor children affected by cancer or another serious disease until 31 July 2024, through the following email: participacion.dgfp@digital.gob.es.

The leave for care of a minor child, affected by cancer or other serious illness is regulated in article 49 e) of the consolidated text of the Law on the Basic Statute of the Public Employee, approved by Royal Legislative Decree 5/2015, of 30 October (hereinafter, TRLEBEP). Despite its name as a permit, in reality it is a reduction in the working day of at least half the duration of the permit and during which the full remuneration of the official staff will be received to facilitate, thus, the care during the hospitalization and continuous treatment of the minor son or daughter, affected by cancer or any other serious disease that involves a long-term hospital admission and requires the need for their direct, continuous and permanent accredited care.

Article 49 (e) TRLEBEP establishes the minimum conditions for this reduction in working hours, the purpose of which is to establish the minimum common standard of application for all public employees included in its scope and throughout the national territory.

For this reason, there are several configuring elements of this reduction in working hours that are indeterminate in the basic rule. For example, it establishes the possibility that the development regulations allow career civil servants to accumulate the reduction of working hours in full days. This is also the case in relation to the maximum number of hours that the reduction of the daily working day can reach, since it is only determined that it will be at least half of the duration of the day.

Thus, there is a normative development mandate that, once fulfilled, will provide a detailed regulation that defines the exact parameters on these key aspects for the homogeneous enjoyment of this reduction in working hours by civil servants.

The Ombudsman has, through various complaints procedures, recommended the need for regulatory development.

The normative development of the provisions of article 49 e) TRLEBEP is crucial to eliminate the current indetermination and establish a clear and precise framework for the accumulation of the reduction of working hours in full days, the determination of the maximum reduction of working hours, as well as other aspects related to the enjoyment of this reduction of working hours. This will allow a fairer and more consistent application of the regulations and ensuring greater certainty and security for all official staff.

The Royal Decree project aims to address the following issues:

• Carry out the development required by article 49 e) TRLEBEP, activating measures such as the accumulation of the reduction of working hours in full days.
• Clarify the configuring elements of this permission.
• Offer certainty regarding the possibilities and modalities of enjoyment of the permit.

The appropriate technique for organizing the relations between the law and the regulation is the normative referral. So does the TRLEBEP for this permit (“The conditions and assumptions in which this reduction of the working day can be accumulated in full days will be established”).

While the original regulatory authority falls to the Government, it is necessary that the normative text with regulatory status use the form of Royal Decree as it is the form for the general provisions emanating from the Government, in accordance with article 24.1 c) of Law 50/1997, of November 27, of the Government.