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
Reproduction is authorised.
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