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BOE-A-2026-17492 ·10 August 2026 ·Resolution Medium impact
Labour

Audiencia Nacional declares illegal 10-day limit for family care leave in contact center sector

The National Court has declared the 30.1.b) clause of the State Collective Agreement for the contact center sector (formerly telemarketing) illegal for setting a rigid 10-day natural period for family care leave. The ruling states that imposing a fixed time frame and continuous usage violates Article 37.3.b) of the Workers' Statute by undermining effective care planning according to real needs. The Ministry of Labour will register and publish this annulment (First Grounds).

In 3 key points

  1. Illegality of the 10-day natural period for family care leave, Second Grounds (Antecedentes Segundo)
  2. Continuous use of leave is prohibited if it hinders care for the person being looked after, Second Grounds (Antecedentes Segundo)
  3. The ruling is contrary to Article 37.3.b) of the Workers' Statute, Second Grounds (Antecedentes Segundo)

How it affects those involved

Contact center companies can no longer impose a 10-day natural limit or require continuous use of family care leave, and must comply with the flexibility required by the Workers' Statute. Workers gain flexibility to organise family care in an alternating or extended manner according to actual needs (Second Grounds).

Lifecycle

2026-08-10PublishedPublished in the BOE
Official text Based on BOE data (boe.es). Information, not advice.

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This analysis is informational only and does not constitute legal advice or create a client-adviser relationship. BM Consulting.
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