Work schedule adjustment requests: When does the principle of co-responsibility apply? | GM INTEGRA HR

Balancing work and family: a shared responsibility

In today’s workplace, it’s increasingly common for employees—especially parents with young children to request changes to their work schedules. These requests usually aim to better align work hours with school pick-up times or other family responsibilities.

Spanish labor law acknowledges this reality. The Statute of Workers’ Rights grants the ability to request a reduction or adjustment in working hours for caregiving purposes. However, this right is not absolute or unilateral. Employers have the right to assess the request based on the principle of co-responsibility.

What does the principle of co-responsibility mean?

The Organic Law 3/2007 on Equality established the principle of co-responsibility, which means that caregiving duties should be shared between both parents whenever possible. It’s not only about recognizing the employee’s right to request a schedule adjustment companies also have the right to ask:

• Can caregiving be shared between both parents?

• Is the requested time slot truly essential?

• Are there other viable organizational solutions?

This principle allows companies to request reasonable supporting documentation such as the working hours of the other parent or child custody agreements in case of separation before deciding.

When is it legal to deny a work schedule adjustment?

One relevant example is a recent case ruled by the High Court of Justice of the Canary Islands (STSJ ICAN 1731/2024, June 6). An employee requested a fixed schedule from 9:00 to 14:00 to care for her child. However, her partner, who worked in the same store, already had a fixed morning shift (6:00 to 14:00), making afternoon care possible.

The company denied the request for organizational reasons and because shared care was feasible. The court upheld the company’s decision, ruling that:

• A significant organizational effort is not required when co-responsibility within the family is possible

• The request was not proportionate or strictly necessary

• The company had offered reasonable alternatives

Best practices for employers and HR

To ensure fairness and legal compliance, companies should:

✅ Evaluate each request individually
✅ Ask for relevant and proportionate documentation
✅ Propose reasonable alternatives if possible
✅ Respect the right to care but balance it with the organization’s needs

Most importantly, the employee must act in good faith, providing transparent and accurate information. The goal is not to deny the right to care, but to ensure that it is exercised responsibly and in line with the real circumstances of both the family and the company.

Final thoughts

The right to request work schedule adjustments is essential for work-life balance. But like any labor right, it must be applied responsibly. The principle of co-responsibility is not a barrier it’s a tool to promote fairness, equity, and sustainability in the workplace.