Paid leave: types, rights, and steps to follow

Paid leave is regulated in Article 37 of the Workers’ Statute, which establishes that an employee, with prior notice and justification, may be absent from work with the right to remuneration for any of the reasons indicated and for the time specified for each situation.

What paid leaves are established in the Workers’ Statute?

a) 15 calendar days in case of marriage or registration of a domestic partnership. 

b) 5 days for serious accident or illness, hospitalization, or surgical intervention without hospitalization that requires home rest of the spouse, domestic partner, or relatives up to the second degree by blood or affinity, including the partner’s blood relatives, as well as any other person, who lives with the employee in the same household and requires their effective care. 

b bis) 2 days in the event of the death of the spouse, domestic partner, or relatives up to the second degree of consanguinity or affinity. If travel is required, the period will be extended by 2 additional days. 

c) 1 day for relocation of the habitual residence. 

d) For the time necessary to fulfill an unavoidable public and personal duty, including the exercise of the right to vote.  

e) To carry out union or staff representative functions under the terms established by law or collective agreement. 

f) For the time necessary to attend prenatal examinations and childbirth preparation classes, and in cases of adoption, fostering for adoption, or foster care, to attend the mandatory information and preparation sessions, and to complete the required psychological and social reports prior to the declaration of suitability, provided that all these take place during working hours. 

Which paid leave takes precedence — the one established in the Collective Agreement or the one in the Workers’ Statute?

It is understood that the Workers’ Statute establishes the minimum rights, and the Collective Agreement improves upon them. Therefore, when the same situation is regulated by both the Collective Agreement and the Workers’ Statute, the Collective Agreement will prevail, as it will at least be more favorable. 

What happens if the Collective Agreement does not regulate a paid leave that is included in Article 37 of the Workers’ Statute?

When a Collective Agreement does not include a paid leave that is recognized in the Workers’ Statute, the employee still has the right to enjoy that leave. The Collective Agreement can improve the conditions established in the Workers’ Statute but cannot worsen them.

It should be noted that the Royal Decree-Law 5/2023 of June 28 introduced new types of leave in the Workers’ Statute, effective from June 30, 2023, which may not yet be included in some Collective Agreements.

From what date does paid leave start to count?

Unless otherwise stated in the Collective Agreement, there are court rulings concerning the starting date for the computation of paid leaves and licenses recognized by collective agreements when the starting date coincides with a non-working day for the employee. 

For example, in the case of paid leave for marriage, if the wedding ceremony takes place on a non-working day, the leave period should begin on the first working day following the ceremony.

The Supreme Court understands that paid leaves are requested and granted to be taken on working days, since there is no need to request them on holidays when no work is performed. 

Therefore, the Court reiterates in its rulings that all paid leaves must be taken on working days. 

What happens if the event that entitles an employee to paid leave occurs during a vacation period that had already started?

 If the employee is already on vacation when the event occurs, they cannot interrupt their vacation to take the paid leave, nor can they take it after the vacation period has ended.