Spain offers a robust framework of statutory leave entitlements designed to support employee well-being and work-life balance. These entitlements cover various circumstances, including annual vacation, public holidays, illness, and parental responsibilities. Understanding these regulations is crucial for employers operating in Spain to ensure compliance and maintain positive employee relations. The specific regulations are subject to change, so it's important to stay up-to-date on the latest legal requirements.
Spanish labor law, primarily governed by the Workers' Statute (Estatuto de los Trabajadores), establishes the minimum standards for leave entitlements. Collective bargaining agreements (Convenios Colectivos) often enhance these minimums, providing more generous benefits depending on the industry and specific company agreements. Therefore, employers must consider both the statutory requirements and any applicable collective agreements when determining their leave policies.
Annual Vacation Leave
All employees in Spain are legally entitled to paid annual vacation leave. The minimum entitlement is 30 calendar days per year, which translates to roughly 22 working days. Collective agreements may increase this minimum.
- Accrual: Vacation days accrue from the start of employment.
- Scheduling: The specific timing of vacation must be mutually agreed upon between the employer and employee, unless the collective agreement states otherwise. Employees are generally required to be informed of their vacation dates at least two months in advance.
- Carryover: While carrying over vacation days is generally discouraged, it may be permitted under certain circumstances, such as when an employee is unable to take their vacation due to illness or other justified reasons.
- Payment: Employees must receive their regular salary during their vacation period.
Public Holidays
Spain observes 14 public holidays each year. These consist of national, regional, and local holidays.
- National Holidays: These are observed throughout the entire country.
- Regional Holidays: Each of Spain's autonomous communities has the right to designate certain holidays.
- Local Holidays: Local municipalities also observe holidays specific to their region.
Here's a table outlining the national public holidays in Spain for 2025 (subject to change):
| Date | Holiday Name |
|---|---|
| January 1 | New Year's Day |
| January 6 | Epiphany |
| April 18 | Good Friday |
| May 1 | Labour Day |
| August 15 | Assumption of Mary |
| October 12 | National Day of Spain |
| November 1 | All Saints' Day |
| December 6 | Spanish Constitution Day |
| December 8 | Immaculate Conception |
| December 25 | Christmas Day |
In addition to these national holidays, employees will also observe regional and local holidays, which vary depending on their location.
Sick Leave
Employees in Spain are entitled to sick leave if they are unable to work due to illness or injury.
- Eligibility: To be eligible for sick leave benefits, employees typically need to be registered with social security and have made contributions for a specified period.
- Notification: Employees are required to notify their employer of their illness as soon as possible, usually within three days. A medical certificate from a doctor is generally required to justify the absence.
- Payment: During sick leave, employees receive a percentage of their salary from social security, starting from the fourth day of absence. The percentage varies depending on the collective agreement and the reason for the absence (e.g., common illness vs. work-related injury). The employer may supplement this payment to reach a higher percentage of the employee's regular salary, as stipulated in the collective agreement.
- Duration: The maximum duration of sick leave is generally 365 days, which can be extended for another 180 days if there is a reasonable prospect of recovery.
Parental Leave
Spain provides comprehensive parental leave benefits for both mothers and fathers, as well as adoptive parents.
Maternity Leave
- Entitlement: Employed mothers are entitled to 16 weeks of paid maternity leave. This can be extended in cases of multiple births or if the child has a disability.
- Pay: During maternity leave, the employee receives 100% of their regulatory base salary from social security.
- Distribution: The mother must take at least six weeks of leave immediately following the birth. The remaining weeks can be taken by either parent, either consecutively or in installments, within the first 12 months after the birth.
Paternity Leave
- Entitlement: Fathers are entitled to 16 weeks of paid paternity leave.
- Pay: During paternity leave, the employee receives 100% of their regulatory base salary from social security.
- Timing: Paternity leave can be taken from the time of birth or adoption.
Adoption Leave
Adoption leave entitlements are similar to maternity and paternity leave.
- Entitlement: Adoptive parents are entitled to 16 weeks of leave, which can be shared between both parents.
- Pay: During adoption leave, the employee receives 100% of their regulatory base salary from social security.
- Eligibility: The specific requirements and duration may vary depending on the age of the adopted child and other factors.
Other Types of Leave
In addition to annual vacation, public holidays, sick leave, and parental leave, Spanish law and collective agreements may provide for other types of leave.
- Bereavement Leave: Employees are typically entitled to leave in the event of the death of a close family member. The duration of the leave varies depending on the relationship to the deceased and is usually specified in the collective agreement.
- Marriage Leave: Employees are usually entitled to a certain number of days of leave for their own marriage.
- Study Leave: Some collective agreements provide for study leave, allowing employees to take time off for educational purposes.
- Sabbatical Leave: While not legally mandated, some companies may offer sabbatical leave as part of their benefits package. The terms and conditions of sabbatical leave vary depending on the employer.
- Leave for Legal Obligations: Employees are entitled to time off to fulfill certain legal obligations, such as jury duty or voting.
- Leave for Medical Appointments: Employees are often granted leave to attend medical appointments, especially for prenatal care or for the care of dependents.
