The provisions governing paid leave in Spain are found in the Ley del Estatuto de los Trabajadores (Employment Law), which stipulates a period of 30 calendar days of paid annual leave.

But before we look in detail at the changes brought about by this reform, are you familiar with the rules governing paid leave in Spain?

In France, it is governed by the Labor Code, which provides for five weeks of paid annual leave.

In Spain, leave days are counted in calendar days, while in France they are counted in working days.

Article 38 of the Spanish Labor Code sets out the main principles in this area:

  • Minimum duration: The duration of annual leave cannot under any circumstances be less than thirty calendar days (calculated pro rata if the employee has not worked for a full year). Part-time employees are entitled to the same number of leave days as full-time employees.
  • Effect on salaries: The salary received during the paid leave period must be the same as that received when the employee is working. This compensation must correspond to the actual salary, including the base salary as well as any salary supplements.
  • Paid leave expiry: In principle, leave must be taken during the calendar year in which it is accrued. If an employee does not voluntarily take all their leave days, these will be forfeited, unless they reach an agreement with their employer to carry them over to the following year. For example, case law allows for the exceptional carryover of unused leave to the first quarter of the following year.
  • Prohibition against replacing leave with financial compensation: The right to vacation cannot be replaced by financial compensation. Failure by the employer to comply with this rule is considered a serious offense and is punishable by a fine ranging from €751 to €7,500, depending on the severity of the violation.
  • Vacation scheduling and planning: Each company will establish its own vacation schedule. Leave periods are set by mutual agreement between the employer and the employee, respecting a two-month notice period.
  • Splitting vacation time: Collective bargaining agreements establish specific rules, and minimum periods are often stipulated.
  • Dispute resolution: In the event of a disagreement between the employer and employee regarding vacation periods, the labor court has jurisdiction through a fast-track and priority procedure. The judge will then determine the vacation dates.

Beyond annual leave, there are a number of events that entitle employees to additional paid leave for specific reasons (marriage, death, etc.). To be eligible, the employee must provide justification to the employer and inform them in advance.

Leave for a Civil Partnership or « pareja de hecho1 »

The « contrato de Pareja de hecho », the Spanish equivalent of a civil partnership (PACS), now entitles partners to 15 days of leave, as was already the case for marriage.

French legislation2 however, only provides for four days of leave for marriage or a civil partnership (unless a more favorable provision exists in the collective bargaining agreement).

Leave for Accident, Illness, Hospitalization, or Surgery3

In Spain, employees are entitled to five days of paid leave (compared to two previously) in the event of an accident, serious illness, hospitalization, or surgery without hospitalization, requiring rest at home for their spouse, partner, or relatives up to the second degree of consanguinity. It is important to note that these family members do not necessarily have to be dependents of the employee. This right also extends to the family members of an unmarried partner, as well as any other person with whom the employee lives in the same household.

In France4, an employee is entitled to unpaid leave to care for a sick or injured child under the age of 16 for whom they are responsible. This leave is generally three days per year.

However, it is possible to increase the number of days per year to 5 if the child in question is under one year old or if the employee is responsible for at least 3 children under 16 years old. To benefit from this, the employee simply needs to provide their employer with a medical certificate attesting to the child's state of health.

Leave for Force Majeure5

Furthermore, in Spain, a new four-day paid leave is granted in cases of force majeure when the employee's absence is necessary for urgent and unforeseen family reasons, or when illness or accident makes the employee's immediate presence essential.

There is no equivalent in French law.

Bereavement Leave6

In Spain, in the event of the death of a spouse, partner, or relative up to the second degree of consanguinity, the leave is two days. When travel is necessary for this purpose (a journey of at least 200 km), the leave is extended to four days.

In France, all employees are entitled, upon presentation of supporting documentation, to three days of leave for the death of a spouse, civil partner, partner, father, mother, parents of the spouse, brother, or sister. The law also authorizes five days of leave for the death of a child, which can be extended to eight days if the deceased child was under 25 years of age.

Useful links:

Footnotes

  1. Article 37.3.a de la LET ↩

  2. Article L3142-1 du Code du Travail français. ↩

  3. Article 37.9 de la LET ↩

  4. Article L1225-61 du Code du Travail ↩

  5. Article 37.9 de la LET ↩

  6. Article 37.3.b de la LET et article L3141-5 du Code du Travail ↩