Here is a complete and structured guide to the paid leaves provided by Spanish labor law, updated with the latest legislative changes.
Legal Framework
The right to paid leave in Spain is primarily regulated by Article 37.3 of the Workers' Statute (Estatuto de los Trabajadores, approved by Royal Legislative Decree 2/2015, of October 23).
Recently, Royal Decree-Law 5/2023, of June 28, introduced significant updates to these leaves, expanding rights for caregivers and formally equating registered domestic partnerships (parejas de hecho) with marriage.
List of Paid Leaves in the Workers' Statute
Workers are entitled to absent themselves from work with full pay, provided they give prior notice and provide proper justification, for the following reasons and durations:
1. Marriage or Domestic Partnership
- Duration: 15 calendar days (días naturales).
- Requirements: Applies to marriage or the official registration of a domestic partnership (pareja de hecho).
2. Serious Illness, Hospitalization, or Surgery
- Duration: 5 working days (días laborables).
- Requirements: Applies in cases of serious accident, serious illness, hospitalization, or outpatient surgery that requires home rest.
- Applicability: Covers spouses, registered domestic partners, relatives up to the second degree of consanguinity or affinity (parents, children, grandparents, grandchildren, siblings), and any person living with the worker who requires care.
3. Death of a Relative
- Duration: 2 days (extended to 4 days if the worker needs to travel).
- Requirements: Applies to the death of a spouse, domestic partner, or relative up to the second degree of consanguinity or affinity.
4. Moving House
- Duration: 1 day.
- Requirements: Applies to moving from your habitual residence (traslado de domicilio habitual).
5. Public and Personal Duties
- Duration: The indispensable time required.
- Requirements: For fulfilling an inexcusable public and personal duty (e.g., voting, jury duty, appearing in court as a witness). If this duty involves receiving compensation, it may be deducted from the salary.
6. Prenatal Exams and Childbirth Preparation
- Duration: The indispensable time required.
- Requirements: For attending prenatal medical appointments, childbirth preparation classes, or, in cases of adoption/foster care, attending mandatory psychological and social assessment sessions, provided they must take place during working hours.
7. Union Duties
- Duration: The time established by law or collective agreement.
- Requirements: For performing duties related to workers' representation or trade union activities.
8. Force Majeure (Urgent Family Matters) [Regulated in Art. 37.9]
- Duration: Up to 4 days per year (can be taken in hours or full days).
- Requirements: Introduced in 2023, this covers absences due to urgent and unforeseeable family matters related to illness or accidents making the worker's immediate presence indispensable.
Practical Requirements and Important Deadlines
- Prior Notice and Justification: The worker must notify the employer as soon as possible and provide valid proof afterward (e.g., medical certificates, death certificates, court summons).
- Starting Day of the Leave: According to established Supreme Court jurisprudence, if the event triggering the leave (e.g., a wedding or a relative's death) occurs on a non-working day, the paid leave begins on the first working day immediately following the event