Paid leave from work in Spain

There are certain situations indicated in the workers’ statute, articles 37, 23.3 and 53.2, which allow the worker to have paid leave from work
giving prior notice and always justify it, absent from work and retain the right to be compensated on these days.

These situations are:

• Marriage Fifteen days off.
• Birth of a child, death, accident or severe illness, hospitalization or surgical intervention without hospitalization requires a home rest for loved ones up to the second degree of consanguinity or affinity. Two or four days if the worker has to move.
• Transfer of usual residence. One day.
• Fulfilment of an inexcusable duty of a public and personal nature, including the exercise of active suffrage. He may be absent for the time necessary to carry out this activity. If a certain period is established in a legal or conventional rule, it will be entitled to it and financial compensation if it is established there. If due to the performance of his duties, more than 20% of the working hours are missing within three months, he must be transferred on leave. When the worker receives financial compensation for the accomplishment of his mission, this is deducted from the salary to which he was entitled in his business.
• Exercise union or staff representation functions under legal conditions.
• Go to prenatal exams and childbirth preparation techniques and, in case of adoption or foster care, or save for adoption purposes, attend mandatory information sessions and preparation for childbirth preparation. psychological and social reports before the declaration of adequacy, provided they occur during opening hours. The permit will be essential for these activities for the period.
• For breastfeeding the child until the age of nine months, the father or mother will have the right to be absent from work for one hour a day. It can be divided into two half-hour sections or accumulated every hour in full days.
• When the child has to remain hospitalized after delivery, the mother or father will have the right to be absent from work for one hour. They can also choose to opt for a reduction in working hours of up to two hours, but in this case, with the corresponding reduction in wages.
• Professional training for employment. Twenty hours a year, provided the worker is at least one year old.
• Look for a new job after the objective layoff notice. Six hours per week in the case of full-time or three in the case of part-time.

Other different situations and deadlines are envisaged in the separate collective agreements. Therefore, what is stated in the corresponding collective agreement must be reviewed first.

It is essential not to have problems warning the company and justifying the situation, which gives entitlement to a paid leave from work. In this way, we will avoid possible sanctions, and we will have to claim them later.

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