All workers "employed by others", in both the private sector and Public Adminstration, who take periods of leave to take care of each child, whether natural or adopted, or of foster children, in the case of permanent or preadoption family foster care, although these situations may be provisional, and to take care of a family member up to the 2nd degree of consanguinity or affinity, who for reasons of age, accident, illness or incapacity cannot take care of themselves and is not in paid employment
For these purposes,|art. 46.3 of Legislative RD 2/2015, of 30 October, by which the Consolidated Text of the Law on the Workers' Statute is approved, establishes that:
The workers will have the right to a period of leave no greater than 3 years in order to attend to the care of each child, whether biological or adopted, or in cases of pre-adoption guardianship or permanent foster care, to be counted from the date of the birth, or if applicable, from the judicial or administrative decision".
"Workers will also have the right to a period of leave no greater than two years, unless more time is established by collective bargaining, in order to care for a family member, up to the second degree of blood relationship or affinity, who due to their age, accident, illness or incapacity cannot take care of themselves, and is not in paid employment."
"The leave described in this section, which can be taken in partial fractions , constitutes an individual right for both male and female workers. However, if two or more workers in the same company were entitled this right for the same causal event, the employer may limit simultaneous exercise of said right when this will affect company operations."