How to manage employee leave
Managing employee leave is one of the most complex tasks we face on an annual basis. Organising employees’ holidays is not always easy, mainly because there are certain times when holidays accumulate and the company cannot stop its activity.
Below, we are going to analyse various techniques for managing employee holidays and the legal framework that regulates them.
How many days' holiday are granted by collective agreement in Spain
In Spain, the law stipulates that all workers are entitled to a minimum of 30 calendar days of holiday per year, which is equivalent to approximately 22 working days for a full-time employee working from Monday to Friday. This is irrespective of the type of contract (temporary or indefinite) the worker has.
This is the general rule, but collective agreements may establish more favourable conditions for workers. For example, some collective agreements may grant additional days of holiday depending on the worker’s seniority in the company, or may offer additional days off in certain circumstances (such as moving house or marriage, for example).
In addition, holidays should be agreed between the employee and the employer, taking into account the needs of the company and the wishes of the employee. In general, the holiday period cannot be replaced by financial compensation, unless the employment relationship is terminated and the worker has not been able to take all of his or her holiday.
How holidays are accrued
In Spain, holidays are accrued during the working year, i.e. they accrue as the employee provides services throughout the year. Holiday entitlement is acquired from the first day of work.
As stated above, the law establishes a minimum of 30 calendar days of holiday per year, which means that on average approximately one day of holiday is accrued for every 12 days worked, equivalent to about 2.5 days of holiday per month worked.
Part-time workers are also entitled to 30 days’ holiday, but the actual length of their holiday is reduced in proportion to their working hours. For example, a worker working part-time would be entitled to 15 days of holiday instead of 30.
Tips on how to organise employee holidays
Organising employee leave can be a complex task, especially in companies with many employees. Here are some tips that can help you manage this process efficiently and fairly:
- Plan ahead: The earlier you start planning holidays, the better, so you can coordinate coverage and ensure that all areas of your business continue to function properly, even when several employees are on leave.
- Establish clear rules: You should have clear policies on how and when employees can request leave. For example, you can require requests to be made a certain amount of time in advance, or limit the number of employees who can be on holiday at the same time.
- Be flexible, but fair: It is important to try to accommodate the needs and wishes of your employees as much as possible. However, you should also make sure that the system is fair to everyone – this could mean, for example, rotating who has priority in choosing holiday dates each year.
- Use a holiday tracking tool: There are many software tools that can help you keep track of holiday requests and make sure everything is managed efficiently.
- Prepare a coverage plan: It is important to have a plan for who and how you will cover the duties of employees who are on leave. This may involve hiring temporary staff, redistributing tasks among employees, or even adjusting project deadlines or expectations.
- Clear communication: Make sure all employees understand how to request leave, how it is approved, and what is expected of them in terms of coverage or preparation before they go on leave.
Remember that leave is an employee entitlement and an important aspect of job satisfaction, so while arranging leave can be complex, it is also an opportunity to show your employees that you care about their well-being.
What rights does the company have over employee leave?
In Spain, both employees and companies have rights and responsibilities regarding holidays, the following are some of the most important rights that the company has regarding employees’ holidays:
- Set the holiday calendar: Although employees are entitled to 30 calendar days of holiday per year, the company has the right to set the holiday schedule, as long as the employee’s rights are respected. This means that the company can decide on holiday dates or periods, as long as this is agreed with the employees or their representatives.
- Denying holidays on specific dates: The company can deny holidays on specific dates due to production or service needs. However, this right is not absolute and must be exercised in a reasonable manner.
- Change of dates due to production needs: In exceptional cases, the company may change the date of already scheduled holidays for reasons of production or operation of the company, but it must compensate the worker for the damages that this may have caused him/her.
- Proration of holidays in fixed-term contracts: For fixed-term contracts or part-time workers, holidays are prorated according to the number of days worked.
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