Under the Workers’ Statute, there are several paid leave options that allow employees to be away from work for justified reasons without losing pay. Among them, the well-known training leave stands out. This license enables interested individuals to continue developing professionally while employed.
This leave is regulated by article 23.3 of the Workers’ Statute and amounts to 20 hours per year. Yet, its effective duration can be greater because it may be accumulated over a five-year period, meaning a maximum of 100 hours can be used in total.
The training leave will be paid whenever it aligns with the working schedule, so no salary deduction is made. However, a potential caveat exists: the right is not exercised when the training is something the employer is legally obligated to provide. In such cases, the right does not apply, and the employee should not face any wage impact for statutoryly mandated training.
Who can request the paid training leave
Only employees with at least one year of service can request the 20-hour annual training leave. The training must relate to the company’s activity, but it does not necessarily have to align with the employee’s current position or professional group. If these two conditions are met, the company cannot deny the leave, and if it does, the employee can pursue a claim.
Other leaves regulated in the Statute
- Pursuing exams, including travel time. Unless the applicable collective agreement states otherwise, this leave is typically not paid.
- Choosing an intra-day work shift within the company’s established hours.
- Access to remote work, if implemented by the company’s regime.
- Adjustment of the ordinary workday to attend professional training courses.
These rights are independent and can be accumulated. If the company makes changes to the worker’s position, it is obliged to provide the necessary training so the employee can adapt, with the company bearing the training costs. Time spent on training is always considered effective work time, avoiding the need to recover those hours later. [Citation: Statute of Workers, Article 23.3; accompanying guidance from labor authorities]”