Paid leave: legislation and main questions
There are many reasons for which an employee may request a leave of absence from work: moving, illness or accident, studies, among others. However, whether or not such leave is remunerated depends on the reasons for the request and what is established by law for these purposes.
In this article, Appvizer explains the main cases provided by law in which the employee has the right to request paid leave and its conditions. We also clarify the main doubts that arise regarding this issue, such as the number of days that correspond in each case, the main differences between paid and unpaid leave and how to apply for it.
Let's get started!
What is paid leave?
Paid leave or paid leave is a type of absence on the part of the worker in which the worker, in his or her right, will continue to receive financial compensation.
This type of leave allows the employee to be absent without any penalty or reprimand from the employer. Likewise, with this type of leave, the worker is not required to make up the hours of absence.
The worker must give prior notice and subsequently justify the absence.
What is paid leave? - Workers' Statute
In Spain, Article 37 of the Workers' Statute (RD Legislative 2/2015 of 23 October) recognises a series of reasons for which workers have the right to be absent from work with the right to remuneration.
These are the main types of paid leave:
1. Marriage
A leave of fifteen calendar days is granted.
2. Birth of a child or death, accident or serious illness.
The duration of the leave for the birth of a child is eight (8) uninterrupted weeks.
Leave is also granted in the event of hospitalisation or surgery without hospitalisation. This type of leave is granted up to the second degree of consanguinity or affinity. The period of leave will be from two to four calendar days, in the event that mobilisation is required.
3. Relocation of usual place of residence
In the case of removals, a paid leave of one day is established for workers.
4. Inexcusable duty of a public or personal nature
This type of leave includes the exercise of active suffrage or jury duty as an inexcusable duty.
However, depending on internal regulations, if the employee receives an indemnity, this is deducted from his or her salary.
5. Situation of forced leave
In case the employee is unable to work more than 20% in a three-month period.
6. Trade union or representative functions
The worker will be granted the necessary time to carry out his work, as long as the company is involved in the negotiation.
7. Prenatal preparation or adoption
The time required for prenatal examinations, information sessions, adoption preparation and other such activities shall be granted.
8. Infant care
The employee shall be entitled to one hour's leave or to accumulate such time in full days (subject to agreement between the parties).
9. Premature birth
An employee shall be entitled to be absent from work in the event of premature birth or hospitalisation as a result of labour.
10. Training linked to the activity of the undertaking
Employees of an undertaking with at least one year's seniority are entitled to paid leave of 20 hours per year for training for a period of up to five years.
11. Examination leave
Paid leave shall be granted to an employee who is required to take examinations to obtain a professional or academic qualification.
What is unpaid leave?
There are a number of cases that are not reflected in the Workers' Statute and are therefore considered to be unpaid leave. That is to say, they are those absences from work that will not be financially compensated to the employee.
These cases are usually specified in the Collective Bargaining Agreement, as well as their limitations.
Paid leave: frequently asked questions
Often, both workers and employers are confronted with particular situations regarding the application of the legislation on paid and unpaid leave.
To help clarify such doubts, we have decided to clarify a number of questions that may arise with regard to paid and unpaid leave:
1. How to apply for unpaid or paid leave?
There is no single way to apply for leave. Each company has an internal procedure, which it is essential to make clear from the moment of recruitment. Whether it is through a leave software or a physical document, it is important to record the request in case of dispute.
2. What salary is paid during paid leave?
The salary granted to the employee will be the same as if he/she had come to work. Of course, this does not include any overtime that may have been generated.
3. Unpaid leave: Social Security
Unpaid leave is subject to social security contributions according to the minimum base of the professional category.
4. Unpaid leave: Workers' Statute
Unpaid leave is not regulated by the Workers' Statute, i.e. the company may or may not authorise unpaid leave.
5. Paid leave: Collective Agreement
Finally, it is important to remember that each Collective Agreement may refer to particular cases in which employees' rights to request paid leave are extended.
Each case is unique and requires individual analysis depending on the characteristics of the legislation and the particular contract.
Paid absences are part of the payroll variables. An aspect that companies need to manage and control at all times. Now that you know which leaves are subject to remuneration, be sure to tell us about your experiences on this subject.
Article translated from Spanish