Working in Spain: Annual Leave

Duration

Agreed individually or collectively, never less than 30 calendar days. Holidays cannot be replaced by financial compensation. 

When the legal minimum holidays cannot be taken because the time of working for the company does not coincide with holidays, workers with casual or temporary contracts will receive the proportional part corresponding to the holidays together with their wages.

Timing of leave

This is fixed by agreement between the employer and the worker in accordance with provisions established in collective agreements on annual holiday planning, the date or dates of holidays being fixed. 

The holiday schedule is fixed in each company. Workers will be aware of the relevant holiday dates at least two months prior to their commencement, and if there is disagreement they may present a claim to an employment tribunal.

Paid Leave

Subject to notice and subsequent justification to the company, workers may take paid time off for some of the following reasons and for the following time:

• Marriage, 15 calendar days
• Birth of a child or death, accident or serious illness or hospitalisation of blood relations or relations by marriage up to the second degree, two calendar days or four if required to travel
• Moving house, one day
• Fulfilment of an unavoidable public duty

Women are entitled to one hour off work for breast-feeding a child under nine months of age, which can be divided into two parts or the working day may be reduced for the same purpose, this time off may be taken either by the mother or the father if they both work.

In cases of children born prematurely or those who must remain in hospital for any reason following the birth, the mother or father is entitled to one hour off. They are also entitled to reduce their working day by up to a maximum of two hours, with a proportional reduction in wages.

Anyone who, because they are the legal guardian, is directly responsible for a young person under six years of age or a physically or psychologically disabled or partially-sighted person or person with hearing difficulties who does not carry out paid work is entitled to a reduction in working time, with a proportional reduction in wages, of between at least one third and no more than half its duration.
For the purposes of labour law, the performance of jury service is considered compliance with an unavoidable public and personal duty.

The time used by members of works committees and company representatives can be considered to be monthly time-off rights for the performance of their duties.

Public Holidays

These are fixed on an annual basis.

They may not exceed 14 per year, two of which will be local. Christmas Day, New Year's Day, 1 May as Labour Day and 12 October as the Spanish National Day will in any event be respected as national public holidays.

With regard to the holidays set down in the preceding paragraph, the government may transfer to Mondays all national public holidays that fall midweek, and any public holidays falling on a Sunday will in any event be transferred to the Monday immediately following.

Within the annual limit of 14 public holidays, the Autonomous Communities may set the public holidays which are traditionally their own, replacing those of national scope determined statutorily They may also opt to transfer those provided for in the previous paragraph to Mondays.

Text last edited on: 06/2005

Source: European Union
© European Communities
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