[Spain] Workers can reclaim leave days lost to sickness

Under Spanish labour law, workers who fall ill while on holiday do not lose their right to annual leave and can reclaim the affected days under the Estatuto de los Trabajadores, Euro Weekly News reports.

The protection, set out in Article 38, establishes that holidays must be enjoyed separately from periods of certified sickness.

The rule reportedly applies when an employee enters “incapacidad temporal” (temporary incapacity) either before a scheduled holiday period begins or while annual leave is already underway. The days covered by sick leave do not count as holiday in such circumstances and must be taken at a later date once the employee has recovered.

Article 38 of the Estatuto de los Trabajadores states that when annual leave coincides with temporary incapacity caused by illness, accident, pregnancy, childbirth or breastfeeding, a worker has the right to take their holidays at a different time. The law applies regardless of whether the illness begins before the holiday starts or partway through it.

In addition, the statute allows postponed holidays to be taken after the end of the calendar year in which they were generated. Workers reportedly have up to 18 months from the end of that year to use the recovered days, ensuring that illness does not permanently erase their entitlement to rest.

To reclaim lost holiday days, employees must notify their employer and provide a valid medical certificate confirming temporary incapacity. Without officially recognised sick leave, the period will continue to count as holiday, even if a worker was unwell.

Once the sick leave ends, the employer is legally required to allow the worker to reschedule the missed holiday days. The exact dates must be agreed upon, but the right to recover the leave itself cannot be refused.

For employers, the rule underlines the importance of compliance with statutory rights. Rescheduling leave could cause some organisational challenges. However, refusing to recognise reclaimed holidays could expose companies to greater consequences, including legal action.

Source: Euro Weekly News

(Link via original reporting)

Under Spanish labour law, workers who fall ill while on holiday do not lose their right to annual leave and can reclaim the affected days under the Estatuto de los Trabajadores, Euro Weekly News reports.

The protection, set out in Article 38, establishes that holidays must be enjoyed separately from periods of certified sickness.

The rule reportedly applies when an employee enters “incapacidad temporal” (temporary incapacity) either before a scheduled holiday period begins or while annual leave is already underway. The days covered by sick leave do not count as holiday in such circumstances and must be taken at a later date once the employee has recovered.

Article 38 of the Estatuto de los Trabajadores states that when annual leave coincides with temporary incapacity caused by illness, accident, pregnancy, childbirth or breastfeeding, a worker has the right to take their holidays at a different time. The law applies regardless of whether the illness begins before the holiday starts or partway through it.

In addition, the statute allows postponed holidays to be taken after the end of the calendar year in which they were generated. Workers reportedly have up to 18 months from the end of that year to use the recovered days, ensuring that illness does not permanently erase their entitlement to rest.

To reclaim lost holiday days, employees must notify their employer and provide a valid medical certificate confirming temporary incapacity. Without officially recognised sick leave, the period will continue to count as holiday, even if a worker was unwell.

Once the sick leave ends, the employer is legally required to allow the worker to reschedule the missed holiday days. The exact dates must be agreed upon, but the right to recover the leave itself cannot be refused.

For employers, the rule underlines the importance of compliance with statutory rights. Rescheduling leave could cause some organisational challenges. However, refusing to recognise reclaimed holidays could expose companies to greater consequences, including legal action.

Source: Euro Weekly News

(Link via original reporting)