Leave from work: 10 cases in which the worker has days off

The worker, with prior notice and justification, may be absent from work with the right to continue to be paid in certain situations:

1. Moving house

For moving house, one day.

2. Prenatal examinations or childbirth preparation techniques

The time necessary for prenatal examinations and childbirth preparation techniques to be carried out during the working day. This leave also applies, in cases of adoption, guardianship for the purpose of adoption or foster care, to attend the mandatory information and preparation sessions and to carry out the mandatory psychological and social reports prior to the declaration of suitability.

3. Birth of children, breastfeeding and related

For breastfeeding a child under the age of 9 months, workers are entitled to one hour of absence from work, which may be divided into two fractions. It will be increased proportionally in the case of multiple births (three children, three hours). The mother or father may decide, of their own free will, to substitute this right by a half-hour reduction in their working day or to accumulate it in full working days as established in the agreement.

However, if two workers in the same company exercise this right for the same child, the company management may limit the simultaneous exercise of this right for justified reasons relating to the operation of the company, which must be notified in writing. When both parents, adoptive parents, guardians or foster parents exercise this right for the same duration and under the same regime, the period of leave may be extended until the infant reaches the age of twelve months, with a proportional reduction in salary after the child reaches the age of nine months.

4. Premature children

If the child is born prematurely or for any reason must remain hospitalised after birth, the mother or father shall be entitled to one hour’s leave from work.

They may also reduce their working hours up to a maximum of two hours, but with a proportional reduction in salary.

5. Birth, death, accident or serious illness of a family member.

Two days for birth or death, accident or serious illness, hospitalisation or surgery without hospitalisation requiring rest in the home of relatives up to the second degree of consanguinity or affinity. This would be extended to four if travel is necessary.

6. Marriage

If we are getting married, 15 calendar days are granted for marriage.

7. Training

Workers with at least one year’s seniority in the company are entitled to 20 hours of paid leave per year for training, provided that it is linked to the job.

8. Objective dismissal

In the case of objective dismissal and in the case of a permanent contract, every employee is entitled to paid leave of six hours a week to look for a new job during the notice period. In the case of part-time work, the leave would be three hours instead of six.

If you want to complement this information with the sick leave and how much you¡re getting in case of absence to work in a work contract in Spain, read my article “How much I am receiving for sick leave due to common illness?”

Thanks for reading this article. If you still having questions regarding your days off in the relationship with your current employer,  you can contact me to: +49 1520 8381499 or Email to Erica@taxandlawspain.com