1. What is paid leave in Spain?
Paid leave is a justified absence from the workplace, foreseen by law or by the applicable collective bargaining agreement, during which the employee keeps the right to full salary and to social security contributions. The general regulation sits in article 37 of Spain's Workers Statute (Estatuto de los Trabajadores), with prior notice and supporting evidence.
It is worth distinguishing paid leave from other concepts that often get confused:
- Annual holidays. A standalone paid right (minimum 30 calendar days per year), planned by mutual agreement and unrelated to any specific cause. Paid leave does not consume holiday entitlement.
- Sick leave (temporary incapacity, "IT"). Requires a medical certificate and is managed by the public health service, the mutual insurer or the social security institute (INSS), with a different salary percentage. Paid leave is paid entirely by the employer and does not require an IT certificate.
- Unpaid leave. Other justified absences exist without remuneration (career breaks, study leave that is not mandatory, etc.) which do reduce salary and, where applicable, contributions.
In practice, paid leave covers personal and family situations with a defined work impact: weddings, bereavements, hospitalisations, moves, public duties or urgent care for relatives. The legal system treats them as legitimate events that should not penalise the worker financially.
2. Legal framework for paid leave in Spain
The regulatory backbone rests on three blocks of legislation in force in 2026:
Defines the basic catalogue of paid leave, minimum durations, justified causes and the notice regime. It is the legal floor that applies when the collective bargaining agreement does not improve on it.
Transposed several EU directives and amended article 37: extended bereavement leave for spouse or domestic partner to 5 days, created a 5-day leave for accident, serious illness, hospitalisation or non-hospital surgery requiring home rest of a relative up to the second degree (or cohabitant), and reinforced work-life balance rights.
Consolidates the paid family force majeure leave of up to four days per year, divisible in hours, in line with EU Directive 2019/1158. Always check the current text in the BOE (Spain's Official State Gazette) to confirm exact wording and scope.
The Workers Statute sets minimums. Sector agreements (banking, chemicals, construction, healthcare, contact centre) and company-level pacts can extend days, add new categories (personal-time days, extended moving leave, birthday off) or relax documentation requirements. The most favourable condition prevails.
3. Paid leave types in 2026 (summary table)
Snapshot of the current legal catalogue. The duration shown is the Workers Statute minimum after the 2023 and 2024 reforms; collective bargaining agreements (convenio) can improve it. Before applying a real case, contrast with the latest BOE-consolidated wording and your labour advisor.
| Situation | Minimum duration | Legal basis |
|---|---|---|
| Marriage or registration as domestic partnership | 15 calendar days | Art. 37.3.a Workers Statute |
| Death of spouse or domestic partner | 5 days | Art. 37.3.b WS · RD-Law 5/2023 |
| Death of a relative up to the 2nd degree | 2 days (4 if travel is required) | Art. 37.3.b WS |
| Accident / serious illness / hospitalisation / non-hospital surgery requiring home rest of a relative up to 2nd degree or cohabitant | 5 days | Art. 37.3.b WS · RD-Law 5/2023 |
| Family force majeure (unforeseen emergencies) New | Up to 4 days/year (divisible in hours) | Art. 37.9 WS · Law 6/2024 |
| Move of habitual residence | 1 day | Art. 37.3.c WS |
| Performance of an unavoidable public and personal duty (jury duty, polling-station, court appearance) | Time strictly required | Art. 37.3.d WS |
| Union duties or employee representation | As per collective agreement / pact | Art. 37.3.e WS |
| Breastfeeding leave (child under 9 months) | 1 hour/day (divisible or accumulable) | Art. 37.4 WS |
| Antenatal exams and birth/adoption preparation classes | Time strictly required | Art. 37.3.f WS |
Specific details may have been amended by reforms after this guide's update date. Check the latest consolidated version of the Workers Statute in the BOE before applying a particular case.
4. New 2024-2026: family force majeure leave (Law 6/2024)
Paid leave for family force majeure is the most relevant addition for day-to-day HR since the 2023 reform. It transposes article 7 of EU Directive 2019/1158 on work-life balance and is consolidated in Spanish law through Law 6/2024, which amended article 37 of the Workers Statute.
- Duration: up to 4 paid days per year.
- Divisibility: can be used by the hour; full days are not required.
- Cause: family emergencies of a medical nature (assistance to an ill relative, urgent pick-up of a minor) or comparable unforeseeable events requiring immediate presence.
- Evidence: notice as soon as possible plus subsequent documentary justification (medical report, hospital note, etc.).
- Who pays: the employer, keeping salary and contributions in force.
The leave coexists with the breastfeeding-care permit, the work-time adjustments for work-life balance under article 34.8 of the Workers Statute, and the 8-week unpaid parental leave. It does not replace them: it is used for one-off emergencies that do not fit a sick leave or planned care arrangements.
For the employer, the most relevant operational implication is to provide a fast request channel (mobile, app, form) and an approval flow that accepts retrospective notices, given the unforeseen nature of the leave. Keeping documentary traceability is essential to respond to Labour Inspectorate audits, internal audits or claims.
5. How paid leave is requested
Article 37 of the Workers Statute requires prior notice and justification, without defining a specific format. In practice, companies formalise the procedure via an internal protocol or an annex to the collective bargaining agreement. A reasonable flow has four steps:
- 1. Notice to the manager. As soon as the cause is known, typically 24-48 hours where it is foreseeable. For family force majeure, the notice can come after the leave has started.
- 2. Request log. Recording the leave type, dates, number of hours or days and, where applicable, basic data about the family member affected (relationship, not detailed medical information).
- 3. Approval and registration. The line manager checks eligibility and HR logs the absence in the team calendar and in the payroll system.
- 4. Supporting document. Marriage certificate, medical note, administrative certification, etc., filed in the employee's record under GDPR.
Documenting the flow prevents inconsistent decisions between managers, reduces claim risk and ensures full traceability for inspection.
6. Who pays? Does paid leave count for seniority?
Paid leave is borne entirely by the employer. The employee receives base salary, usual supplements (seniority, position, etc.) and, where applicable, the proportional part of extraordinary bonus payments, as if they had performed effective work. Neither the mutual insurer nor the social security institute (INSS) is involved, unlike in sick leave.
On social security contributions, the contract stays active and the employer contributes on the full base. That has three practical consequences:
- The time counts normally towards seniority.
- Holidays accrue proportionally.
- The period counts towards future social security benefits (unemployment, retirement, sick leave).
Reflect the leave on the payslip with an identifiable concept (for example, "Paid leave art. 37.3 Workers Statute — family death") to keep traceability for audits or labour inspections.
7. Can the collective bargaining agreement improve paid leave?
Yes. The Workers Statute sets a floor and collective bargaining (convenio) can improve it. Sector and company-level agreements commonly add improvements such as:
- Marriage leave extended to 20 days (vs. the 15-day legal floor).
- Personal-time days with no specific justification (typically 2-5 per year).
- Paid leave for medical appointments of minor children or dependent relatives.
- Extra days for relocation or international adoption procedures.
- Paid leave for blood or organ donation.
- Flexible documentation for short leave (self-declaration instead of an official document).
Where a worker is covered by a company-level agreement and a sector agreement at the same time, the most favourable rule overall prevails. Document management should be parameterised by collective bargaining agreement, not just by the Workers Statute, to avoid inconsistencies between offices or sites.
Before denying or limiting a leave, check the collective bargaining agreement applicable to the work centre and role. It is one of the recurring errors behind avoidable labour claims.
8. Common employer mistakes
After reviewing protocols across hundreds of Spanish companies, these are the most common mistakes in paid-leave management:
Granting leave "over WhatsApp" without a formal record creates downstream disputes about dates and duration. With no traceability, an inspection tends to accept the employee's version.
Processing article 37 situations (family hospitalisation, force majeure) as temporary incapacity triggers regularisations with the social security and complex refunds.
Long leaves (15-day marriage, 5-day bereavement) without a cover plan overload the team and create hidden absenteeism. Prepare templates and handover procedures.
Refusing an article 37 leave with no written rationale and no review of the applicable collective agreement exposes the company to sanctions and adverse rulings in the labour court.
Applying only the Workers Statute floor when the collective bargaining agreement extends days or categories creates inequalities and may trigger mass claims when it affects the whole workforce.
Storing the evidence document in the employee's record (with a GDPR legal basis and a defined retention period) is essential to defend the approval before an inspector or judge.
9. Managing paid leave without spreadsheets
The leave spreadsheet is the root cause of most of the mistakes above: it does not notify the manager, does not archive evidence, does not compute balances per collective agreement and leaves no auditable trail. A dedicated absence-management software solves these by default:
- Mobile request. The employee picks the leave type, dates and attaches the supporting document in seconds, even outside working hours.
- Multi-level approval. Manager, HR and director receive the request per the configured workflow, with one-click responses and a per-step audit log.
- Rules by collective agreement. The system applies the statutory minimums or the improvements of the convenio applicable to each site automatically, avoiding inequalities.
- Team calendar. Manager and teammates see upcoming gaps and plan coverage without overlaps.
- Payroll integration. The leave syncs with A3, Meta4, SAP, Sage or Cegid using the correct concept, with no double manual entry.
- GDPR traceability. Supporting documents archived with a legal basis, retention period and access log, ready for inspection or audit.
Low-code BPM platforms such as Dokuflex let you implement the flow in days, parameterise it per collective bargaining agreement and connect it with digital signature and time tracking in a single environment — without heavy custom development.
10. Frequently asked questions
What counts as paid leave in Spain?▾
It is a justified absence from work, mainly regulated by article 37 of Spain's Workers Statute, during which the employee keeps the right to full salary and to social security contributions. It is not deducted from holidays and is not treated as sick leave.
How many days does marriage or registered-partnership leave last?▾
Article 37.3.a of the Workers Statute grants 15 calendar days for marriage. After RD-Law 5/2023 it was extended to registration as a domestic partnership under applicable legislation. Collective bargaining agreements can extend this right.
What is the four-day family force majeure leave?▾
It is a paid leave of up to four days per year, introduced into Spanish law by Law 6/2024, to deal with an unforeseen family emergency for medical or care reasons. It can be taken in hours or full days and requires later documentary justification. Confirm the wording in force in the BOE.
Who pays for paid leave in Spain?▾
The employer pays in full, keeping base salary, usual supplements and the social security contribution. Neither the mutual insurer nor the social security institute (INSS) intervenes, unlike with sick leave (temporary incapacity).
Does paid leave count for seniority and benefits?▾
Yes. Because the contract stays active and contributions continue, paid-leave time counts normally for seniority, holiday accrual and future social security benefits.
Can a collective bargaining agreement improve statutory paid leave?▾
Yes. The Workers Statute sets a floor; sector or company-level collective bargaining agreements can extend days, add new situations (personal-time days, additional moving days, extra care leave) or relax documentation requirements.
Can paid leave be denied by the employer?▾
Legally provided situations cannot be denied when the conditions are met and the cause is documented. The employer can request reasonable documentary evidence and plan dates when possible, but unjustified denial may trigger a labour claim and sanctions.
What is the difference between paid leave and sick leave (temporary incapacity) in Spain?▾
Paid leave is paid 100% by the employer and covers situations in article 37 of the Workers Statute (marriage, bereavement, hospitalisation, family force majeure, etc.). Temporary incapacity (IT) is managed by the social security or the mutual insurer after a medical certificate, with regulated benefits and a different salary percentage.
Official sources
To cross-check the information and review the latest version in force:
- Workers Statute, article 37 — BOE (consolidated version)
- Royal Decree-Law 5/2023, of 28 June — BOE
- Law 6/2024 — BOE (check the BOE for the latest published version and applicable regulatory developments).
- Spanish Ministry of Labour and Social Economy (MITES) — guides, technical criteria and official FAQ.
- Public State Employment Service (SEPE) — information on benefits and compatibility with paid leave.
- EU Directive 2019/1158 — EUR-Lex on work-life balance for parents and carers.
Manage every paid-leave type automatically with Dokuflex
Mobile request, multi-level approval, rules parameterised by collective bargaining agreement, team calendar and sync with A3, Meta4, SAP, Sage or Cegid. Live in days, with no custom development.