Many workers do not realize they are entitled to days off without using vacation time for various unforeseen situations. Legally, employers must offer these absences when employees request them with the necessary documentation. This obligation was reaffirmed after a court clarified how these leaves should be requested and what scenarios qualify for them.
The Social Chamber of the National Court issued a ruling to remove doubts about when paid days off can be requested in the workplace and which events qualify, now aligned with Royal Decree-Law 5/2023. The decision, reported by the Unified Trade Union (USO), partially upheld a union claim against the contact-center collective agreement because it defined the days as natural rather than working days. The union argued this treatment harmed workers and appealed to overturn the decree. An agreement later reached in the joint committee by CCOO, UGT and the sector’s employers was also annulled.
How can an employee request days off?
The court clarifies that workers may request these days whenever a family member up to the second degree by blood or by marriage, including a partner in a civil union, suffers illness, accident, or hospitalization. In the case of death of the same relative while employment duties are being performed, two days may be requested. The judge’s modification states that days will now be counted as working days, not calendar days. This means weekends and holidays do not count toward the leave, allowing more days to accumulate.
To request the leave, the affected employee must visit the hospital information desk and obtain a work certificate showing the patient’s admission date. Once issued, the certificate can be presented to the employer for approval. The law states that these five days are non-extendable; if the hospitalization continues after exhaustion, another mechanism must be explored to utilize this leave.
Government labor advantages
This represents another step in a series of social measures implemented by the government. The labor minister has announced that it will be illegal for companies to automatically or lawfully terminate an employee based on a permanent health impairment. Under the new legislation, a dismissal grounded in the employee’s health would be declared void by the courts, obligating employers to reinstate the worker and pay any owed wages and compensation.
The Worker Statute also provides several paid leaves that allow workers to be absent for justified reasons without losing pay. A standout is the training leave, which supports ongoing professional development. Eligible employees can request 20 hours per year to pursue training, with the possibility of accumulating up to 5 years, yielding a maximum of 100 hours in total.
The statute does not specify a formal method of application; it indicates that, in the absence of a provision in the collective agreement, the manner of taking the leave should be agreed upon by both the worker and the employer.