Navarre High Court grants full telework rights for caregiver

The High Court of Justice of Navarre (TSJN) has ruled in favor of a software engineer, granting her the right to work 100% remotely to care for her mother, who has Alzheimer's and a 65% disability rating.

The court's Social Chamber overturned a previous ruling from the Social Court No. 1 of Pamplona. The decision was based on Article 34.8 of the Workers' Statute, which requires employers to engage in a formal negotiation process of up to fifteen days before denying a request for work schedule adaptations. The court found that the company failed to initiate a genuine negotiation process.

The dispute arose after the company, which had allowed full remote work since the COVID-19 pandemic, began requiring employees to be present at least two days a week to satisfy the requirements of its main client, the Government of Navarre. The company had previously denied the engineer's request for full telework on the grounds that she did not live with her mother, a requirement the court noted is not legally mandated for such adaptations.