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laws2

Spain Leave Laws

laws

Holidays

Spain has 14 public holidays each year, 2 of which vary depending on the local municipality.

  • 1st January – New Year
  • 6th January – Epiphany
  • Good Friday and Easter Monday – Easter falls on a different date in late March or early April each year.
  • 1st May – Labour Day
  • 15th August – Day of the Assumption
  • 12th October – National Holiday of Spain
  • 1st November – All Saints Day
  • 6th December – Spanish Constitution Day
  • 8th December – Immaculate Conception
  • 25th December – Christmas Day

Accruals

PTO (Paid Time Off)

  • Vacation/ Annual Paid Leave

Employees are entitled to a minimum of thirty days of paid vacation per year. Holidays cannot be replaced by financial compensation. When workers with casual or temporary contracts cannot take the legal minimum holidays because they do not work for the company during holiday periods, they will receive a pro-rata payment for the holidays with their wages.

  • Other Paid Leaves
  • Employees are entitled to up to 15 days in case of marriage
  • One day for change of domicile.
  • Performing trade union or workers’ representative activities: as established by law or collective agreement.
  • Rollovers and payout of unused hours
  • Use-it-or-lose-it policy Not specified by law
  • PTO payout at the termination

Termination of contracts based on mutual consent does not entitle the employee to severance payments, unless specifically agreed or unemployment benefits. Should a severance be agreed, it would be subject to taxes and social security contributions. 

Maternity Leave, Paternity Leave and Child Disability Leave

Maternity Leave

Employees are entitled to 16 consecutive weeks of unpaid maternity leave. The mother must take 6 of these fulltime weeks right after birth. The remaining 10 weeks can be exchanged for 20 weeks of part time work if the employee reaches an agreement with the employer. In case of multiple births, this period may be expanded by 2 weeks for each child

Women are entitled to one hour off work each day for breastfeeding a child under nine months of age, or half an hour if taken at the start or the end of the day.

Paternity Leave

If both parents work, mothers are entitled to opt for the father to take a specific uninterrupted portion of the leave subsequent to the birth.

Paternity leave is a subsidy given to workers who suspend the work contract or cease their activity during the legally established days, on the occasion of the birth of a child, adoption or fostering.

Child Disability Leave

In the case of disability of the child or the adopted child or foster care child, employees on maternity leave are entitled to have two additional weeks of leave. Whoever, for reasons of legal custody, needs to be in charge of the direct care of a child under twelve years of age, or a person with a physical or sensorial disability who does not perform any paid activity is entitled to a reduction of their working day, with the proportional decrease in salary between, at least, an eighth, and at most, half of its duration.

Sick Leave

Employees are entitled to Temporary Disability Benefits that cover the employee’s loss of income due to any sickness such as common diseases or non-work-related injuries, occupational diseases or work-related injuries. The maximum duration of the benefit is 365 days, but it can be extended for a further 180 days if, during this period, the person is expected to be cured.

Common disease and non – work-related injuries

Employees are entitled to 60% of the base rate from the 4th day of leave until the 20th, inclusive, and 75% from the 21st day onward.

Occupational disease and work-related injuries

Employees are entitled to 75% of the base rate for benefits from the day following the date of leave from work.

Paid Sick Leave

Employees are entitled to 2 days off due to an accident or serious illness, hospitalization or surgical operation without hospitalization, but requiring home rest, of relatives up to second degree of consanguinity or affinity. If the employee needs to travel for this purpose, the interval is four days.

Family Care Leave

Employees are entitled to unpaid leave of not more than two years, unless a greater period is established by collective bargaining, in order to care for a family member up to the second degree of consanguinity or affinity who due to their age, accident, illness or handicap, cannot fend for him/ herself and who does not perform any paid activity.

Jury Duty Leave

Employees are entitled to paid leave to perform their public or personal obligations (in a court) as long as necessary. A written notice is required.

Bereavement Leave

Employees are entitled to 2 paid days off in case of the death of a family member or up to 4 days if required to travel.

Military Leave

Not specified by law.