The Supreme Court clarifies that vaccination-related waiting periods do not qualify as unpaid leave for workers
The Supreme Court of Spain ruled that Air Nostrum was wrong to deduct wages from pilots and cabin crew during the 48 hours following vaccination against COVID-19, plus the two subsequent days. The court held that staying away from work in this context is a health-protection measure aimed at preventing occupational risks, not a voluntary absence or a choice to take time off. In practical terms, the judges declared that it is unlawful to treat vaccination-related absence as unpaid leave for the workers involved. The ruling emphasizes that protecting employee health, especially in the face of a contagious disease, is a fundamental employer obligation that cannot be sidestepped by cost-saving measures or convenience. The decision aligns with a broader concern about reducing the spread of the virus and safeguarding workplace safety, and it underlines the serious nature of biohazards in modern workplaces.
The company argued that the absence could be viewed as a reasoned time off obtained through consultation and rest, which might not require salary payments for the corresponding days. The Supreme Court did not accept this rationale. The indication from the court, under Judge Maria Luz Garcia Paredes, was that the 48-hour period should be allocated to health protection for those who have the primary duty to secure health, rather than deciding whether vaccination entitles an employee to leave or whether exposure to a biological agent creates a temporary disability. The court stressed that this is not a blanket case for interpreted consultation and rest; rather, it is a measure tied to preventing occupational risks. The employer is obligated to guarantee the safety and health of workers in the event of an epidemic.
The Social Department emphasized that the ruling does not set a generic rule granting optional leaves but rather anchors it in prevention, highlighting the employer’s duty to protect health and minimize risk at the workplace. The broader message is clear: the fight against a contagious threat requires proactive measures within the labor environment, and penalties or wage deductions tied to vaccination schedules can undermine public health goals. The decision also reflects a recognition of the wider health impact of COVID-19 and the need to manage biological risks across all sectors, including aviation.
Air Nostrum’s appeal is rejected
The appeal filed by Air Nostrum, Líneas Aéreas del Mediterráneo SA, was dismissed, and the prior ruling was upheld by the national audience. The case involved agreements signed with several union groups, including the Spanish Airline Pilots Association (SEPLA), the Airline Flight Attendants Association (Stavla), the CCOO Confederation of Trade Unions, and the Professional Airline Pilots Association (UPPA). The measure affected pilots and cabin crew at the company’s bases or operational centers in Spain, but it did not apply to ground staff.
According to the decision, after the monthly activity schedule was published, Air Nostrum treated the vaccination waiting period as unpaid leave, cancelling both the scheduled flight day and the following two days for those employees. The airline had informed workers about the policy via email, citing the European Union Aviation Safety Agency’s operational recommendations on vaccination of aircrew in a March 2021 bulletin. This context shows how industry guidelines intersect with national labor protections in shaping employer actions during a public health crisis.
In the aftermath, the court reaffirmed that health-protective actions tied to vaccination are consistent with safeguarding employee welfare and do not entitle workers to a discretionary leave without pay. The ruling reinforces a legal perspective that prioritizes health security over unilateral wage deductions in the face of a contagious threat, a stance that could influence similar cases in North American contexts where the health of workers and the safety of passengers remain paramount.