The High Court of Murcia in Spain has upheld a significant ruling in favor of a call center employee who sought to expand her remote work arrangement for serious family reasons. The worker, a single mother, cares for two children with disabilities (77% and 38% respectively), one of whom requires daily third-party support and transportation to a care center.
The Request and the Unsubstantiated Refusal
Prior to her request, the woman worked under a hybrid system, alternating two weeks in the office with two weeks at home. In February 2024, she requested near-total telecommuting, an adjustment that would have allowed her to return to a full 37.5-hour work week, abandoning the reduced hours she had previously taken for caregiving purposes.
The company rejected the request, citing general excuses such as "needs for direct supervision," "connectivity issues," and "health and safety concerns." However, the court found these justifications to be generic and unrelated to the employee's actual performance, noting that there were no recorded complaints or productivity issues associated with her previous remote work periods.
Legal Consequences and Compensation
The court granted the employee the right to work remotely from 08:00 to 15:30, with mandatory office presence limited to just two days per month. Furthermore, she was awarded €6,000 in compensation for damages and the delay in exercising her rights.
This decision is rooted in Article 34.8 of the Spanish Labor Code, which recognizes the right of employees to request reasonable and proportional adjustments to their work schedule or method for family reconciliation. While companies can refuse such requests, they are legally obligated to provide specific, objective evidence of organizational or production problems, or offer a genuine alternative—requirements the employer failed to meet in this instance.
