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Leave in Spain
Maternity, paternity, and parental leave in Spain
Adoption leave in Spain
Other leave in Spain
Public holidays in Spain
Protect your employees and your business
Paid leave in Spain
Every country in the world has its own rules and regulations that define the paid and unpaid time off that employers have to grant their employees. The requirements for employee leave in Spain are set out in The Workers’ Statute (Estatuto de los Trabajadores).
Most employees in Spain are also covered by a collective bargaining agreement, which may provide for additional time off. Also, employers in Spain are free to negotiate leave entitlements with individual employees. However, they can’t offer less paid or unpaid leave than the amount guaranteed by annual leave law in Spain or the collective bargaining agreement that applies.
Of course, annual leave (or holiday) is just one type of leave in Spain. Spanish labour law also grants employees the right to maternity leave, paternity leave, parental leave, and adoption leave. There are also various other types of paid and unpaid leave in Spain, which employees can take to deal with life events like marriage, bereavement, and even moving house. Public holidays are also a guaranteed right for employees in Spain. In this guide, we’ll take you through everything you need to know about leave in Spain, to help you understand what leave will look like for your Spanish employees.
Leave in Spain
Employees in Spain are entitled to 30 calendar days of paid holiday (or annual leave) per year. For full-time employees, this amounts to 22 business days. Collective agreements may provide for additional days off, and employers can also choose to give employees extra leave on top of their statutory entitlement.
Carrying over or paying out annual leave in Spain
In Spain, annual leave days don’t usually carry over to the following year if the employee hasn’t used them. This isn’t defined by law, so technically it’s up to each employer to decide on its rules for this situation. However, it’s not common practice.
Another particularity of annual leave law in Spain is thatemployers can’t ‘pay out’ their employees’ unused annual leave under normal circumstances. However, if an employee has unused annual leave days when they leave the company, the employer must compensate them for their remaining leave.
Sick leave in Spain
Employees in Spain are entitled to paid sick leave if they are off work for more than three days. From the fourth day of absence, the employer must pay the employee at least 60% of their normal wages for up to 16 days. After this period, the employer no longer has to pay the employee, and the employee instead receives 75% of their wages from the
Spanish social security system.
Employees in Spain have access to paid sick leave for up to a year, with the possibility of extending it for a further 180 days. While they are paid by the social security system during this time, some employers in Spain choose to top up these payments so the employee receives their normal salary. Employers in Spain should define what they will do in this situation in their sick leave policy. Collective bargaining agreements might also provide for different arrangements, which employers have to abide by.
Maternity, paternity, and parental leave in Spain
Employees in Spain have the right to time off work when either they or their partner have a baby. Since 2021, mothers and fathers have the same right to paid parental leave in Spain. Parents are also entitled to leave when they adopt or foster a child. Employers can also provide additional parental leave by creating a more generous parental leave policy.
Maternity and paternity leave in Spain
Mothers and fathers are both entitled to 16 weeks of paid parental leave in Spain. During this time, they receive 100% of their usual salary through the social security system. Maternity leave and paternity leave usually start the day the baby is born, but biological mothers can choose to start their maternity leave up to four weeks before their due date. Both mothers and fathers can decide whether to take their leave all at once, split it up into smaller blocks over a 12-month period, or use it to create a part-time working schedule. Both parents must take at least six weeks of their parental leave immediately after the birth.
Unpaid maternity and paternity leave in Spain
Both mothers and fathers have the option of extending their parental leave beyond their 16-week entitlement. Each parent can take up to three years of unpaid parental leave, as long as they take it before their child’s third birthday. During this time, employers have to keep a position open for the employee. For the first year, they must hold the employee’s exact position, but after this point, they only have to offer a similar one.
Transferring parental leave in Spain
In Spain, maternity and paternity leave can’t be shared between partners as it can in some other countries. That means that if one parent doesn’t use part of their leave, they can’t transfer it to the other parent. The exception is for single parents, who can take both parents’ share of parental leave as of 2019.
Adoption leave in Spain
Parents who are adopting a child in Spain also have the right to paid leave from work. This is the same for those who foster a child on a long-term basis. Many of the conditions are the same as those for birth parents.
Leave and pay when adopting a child in Spain
Adoptive and foster parents also have the right to 16 weeks of paid leave when they adopt or long-term foster a child. Both parents are entitled to take this leave, and it is paid at 100% of the employee’s salary by Social Security.
Mandatory adoption leave in Spain
Like birth parents, people adopting a child in Spain also have to take at least six weeks of their leave immediately after adopting or fostering a child. They can choose to take their remaining 10 weeks of leave straight away, or at any time in the first year after the child comes into their home.
Other leave in Spain
Holiday, sick leave, and parental leave are just some of the types of leave that employees are entitled to in Spain. Some employees may also be entitled to additional leave through their collective bargaining agreement.
Special leave provisions in Spain
Here are some other types of leave that employers have to provide to employees in Spain:
- Marriage leave: Employees in Spain are entitled to up to 15 calendar days off work to get married.
- Bereavement leave: Employees are entitled to two days’ leave when a close family member dies or becomes seriously ill. If they need to travel, they are entitled to four days’ leave.
- Breastfeeding leave: Parents in Spain are entitled to one hour per day to breastfeed or take care of their child until their child is nine months old.
Employers must also provide employees with leave to:
- Move house (one day’s leave)
- Carry out public duties like jury duty (as necessary)
- Carry out trade union activities (defined by collective agreements)
Menstrual leave in Spain
As of 2023, the Spanish parliament approved a bill introducing menstrual leave in Spain. Employees who have ‘disabling’ periods are entitled to three days of ‘period leave’, which can be extended to five days. They must provide a doctor’s note to access this leave. Period leave in Spain is paid at 100% of the employee’s normal salary by the public social security system.
Unpaid leave in Spain
Employees in Spain can take an extended absence (or sabbatical) of up to five years. This is not paid, and employers also stop making social security contributions on the employee’s behalf during this period. Sabbaticals can be compulsory or voluntary. If an employee chooses to go on extended leave, their employer doesn’t have to keep their position open but has to offer them a similar one when they return.
Public holidays in Spain
Public holidays in Spain are made up of national, regional, and municipal holidays. Under the Workers’ Statute, employees have the right to 14 public holidays off work per year. Eight of these are national holidays that are set by the government, and two are regional holidays chosen by local governments. Each town and city can also choose two additional holiday days.
Public holidays in Spain can fall on a weekend, in which case local governments can decide to replace it with an alternate day. When public holidays fall on a Tuesday or Thursday, many Spanish employees take a ‘puente’ (bridge), by taking the Monday or Friday as annual leave to create a long weekend.
Do employees have to work on public holidays in Spain?
Employees in Spain have the right to up to 14 public holidays off work per year. Of these, 10 are national holidays, two are regional ones, and two are set by each town or city. It is possible to work on a national or regional public holiday in Spain, as long as there is an agreement between the employer and the employee. Employers often provide additional compensation to workers who work on public holidays.
Public holidays in Spain in 2024
These are the national public holidays observed in Spain in 2024:
1 January
New Year’s Day
6 January
Epiphany
28 March
Good Friday
1 May
Labour Day
15 August
Assumption of Mary
12 October
Hispanic Day
1 November
All Saints’ Day
6 December
Constitution Day
25 December
Christmas Day
Protect your employees and your business
As an employer in Spain, you need to understand your employees’ rights and entitlements. But keeping up with them can be a lot of work.
When you hire workers with CXC, we’ll ensure your engagements are in line with all local, national and international employment regulations. That way, your workers will get their benefits they’re entitled to, and your business will be protected from risk.
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