Paid leave in the Workers’ Statute
Times are constantly changing and so are the new working conditions, so it is only natural that the rights of employees change. All industries have been altered in one way or another in recent years, and that means that the paid leave entitlements in the workers’ statute are also altered.
Knowing the regulations supports the smooth running of a company and at the same time enables employees to be fully aware of their rights and obligations. That is why in this article we will explain what they are, how they differ from other types of leave and what is important to know about paid leave in the workers’ statute.
What is paid leave?
Paid leave is the day on which an employee may be absent from work for a justified reason, without any deduction from his or her salary. Where is this written down? In article 37 of the Workers’ Statute, which regulates the paid leave that exists in the national territory.
As with the rest of the rights of this type, the Workers’ Statute is clear that, in any case, the collective agreement has the power to extend not only the number of days but also the causes for which a worker is able to request paid leave. Many agreements regulate, for example, own business days by assimilating them to holidays. This will depend on the specific agreement.
Why are they different from other types of leave?
When we talk about leave, we are referring to the days on which an employee may be absent from work without this constituting an irregularity, but rather as part of his or her contract. To do so, you must have the documentation to justify it and give prior notice, provided that the circumstances allow it, within the limits of the law.
We know that not all leaves of absence have the characteristics of paid leave, so not all leaves of absence have the quality of allowing the worker to receive full pay when absent.
Not only the Workers’ Statute in Article 37, but also the different collective or company agreements indicate the different types of leave. We will now look at some of the most common types of paid leave.
Types of paid leave
There are certain particularities that determine the nature of paid leave: the duration of the leave and the notice period, among others. Some of them, present in the Workers’ Statute (article 37) are:
Marriage leave
In this case, paid leave involves 15 calendar days for workers who get married. The notice period for this leave is 15 days.
For serious illness or death of a family member
These circumstances qualify for two days’ paid leave, which can be extended to four days if travel is necessary. This leave applies to family members up to the second degree and, as is clear from the logic, does not require advance notice, but must be notified as soon as possible and a supporting document must be provided to the company.
Relocation or moving
In the event that an employee has to move house, he/she will be entitled to one day’s paid leave.
Public duties
In specific and unavoidable situations, such as being summoned by the courts, being required to sit on a jury or as a member of a polling station, or renewing documents, paid leave may be taken for a period of time that varies from case to case. In particular cases in which the employee receives remuneration for performing this duty, the employer may deduct this amount from the employee’s salary.
For trade union duties
If the employee requesting the leave represents the workers, either because he/she is a member of the works council, a staff delegate, a prevention worker or a member of a trade union, the exercise of these functions must be remunerated. In this case, the number of hours to be counted towards these duties depends on the number of employees in the company: in the case of 100 employees, 20 hours are counted, and in the case of an organisation with more than 750 employees, 40 hours are counted.
For breastfeeding
Of one hour for these reasons during the 9 months of breastfeeding.
For birth, adoption and childcare
This leave, formerly called maternity or paternity leave, affects both parents, irrespective of gender. Today there is paid leave for both parents with some flexibility in its duration and starting date depending on the characteristics of the birth, adoption and the preference of the beneficiaries.
Prenatal examinations or pre-adoption leave
This leave is requested to attend childbirth preparation courses or prenatal examinations that coincide with working time. The same leave applies to those who are in the process of adoption and need to attend the sessions.
The most common questions
The issue of paid leave often raises three main questions:
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How to apply for paid leave?
It is best to do it in writing and with a signature. If we use e-mail, it is essential to have a reply as soon as the company is notified. This can avoid many problems since, as it is recorded and justified, every detail will be clear to everyone involved.
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Do agreements modify leave?
As mentioned above, agreements have the ability to modify these leaves, but, and this is especially important, only to improve them in relation to the employees.
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When do the days start to count?
Generally speaking, the days of leave should start on the day of the causal event, taking into account that this day will be the first day. In any case, in each case it is necessary to assess what the collective agreement indicates.
If you still have any doubts about this or any other legal, tax or employment-related issue, please contact us. At Blegal, whether in person, at our offices, by telephone, e-mail or video conference, we are always ready to help you.
