Leave policies are important for both employers and employees. In this page we are going to explore the leave laws of Spain. This article explains Spain’s leave laws, including Sick Leave Maternity Leave Marriage leave Paternity leave Annual Leave Bereavement Leave Whether you are an employer making leave policies or an employee learning about your rights.
LeaveType | Quota | Accrual Rules | Carry Over Rules | Payout on Termination | End of Year Payout |
---|---|---|---|---|---|
Sick Leave | Varies | Not applicable | Not applicable | No | No |
Maternity Leave | 16 weeks | Not applicable | Not applicable | Not applicable | Not applicable |
Marriage leave | 15 days | Not applicable | Not applicable | No payout | No |
Paternity leave | 12 weeks | Not applicable | Not applicable | Not applicable | Not applicable |
Annual Leave | 22 business days per year | Accrues monthly | Limited carry over | Yes | No |
Bereavement Leave | 2 to 4 days | Not applicable | Not applicable | No payout | No |
Sick leave entitlement and duration can vary significantly depending on the nature of the illness and the employee's tenure and contract. Typically, short-term illnesses are covered by social security from the fourth day of illness.
Employees are required to notify their employer about their sickness and provide a medical certificate as soon as possible, usually within the first few days of absence.
Sick leave does not require prior approval, but employees must submit appropriate medical certification to justify their absence and qualify for benefits.
Additional sick leave quota can be granted based on medical advice and as per statutory regulations concerning prolonged illness or serious health conditions.
Sick leave does not accrue in the same way as annual leave; it is granted as needed and based on medical necessity.
There are no carry over rules for sick leave as it does not accumulate.
There is no payout for unused sick leave upon termination of employment.
Unused sick leave is not paid out at the end of the year as it does not accumulate.
Most sick leave payments are covered by social security starting from the fourth day of illness, with the employer often covering the first three days depending on company policy.
Maternity leave in Spain is 16 weeks, which can be extended in cases of multiple births, disabilities, or other specified conditions.
Notice should be given as soon as reasonably possible after the confirmation of pregnancy, typically with a medical certificate.
Maternity leave is a statutory right and does not require approval, though notification and appropriate documentation are necessary.
Additional weeks of maternity leave may be granted in cases of multiple births, premature delivery, or if the child has health issues requiring hospital care after birth.
Maternity leave does not accrue but is granted as a one-time entitlement per pregnancy.
There is no carry over applicable for maternity leave as it must be taken in a continuous period around the time of childbirth.
Maternity leave does not apply upon termination as it is related specifically to childbirth and recovery.
There is no end of year payout for maternity leave as it must be used in relation to the period of childbirth.
Maternity leave can generally start up to 10 weeks before the expected date of delivery, and a portion can be transferred to the father or another family member in certain circumstances.
Employees are entitled to 15 days of leave for the purpose of their marriage, which is available as a one-time benefit.
Employees planning to take marriage leave should notify their employer well in advance, typically at least one month prior to the planned leave date.
While marriage leave is a statutory right, the timing of the leave must be approved by the employer to ensure proper staffing during the employee's absence.
Additional marriage leave is not typically available as this leave is a one-time entitlement per employee.
Marriage leave does not accrue and is only available as a one-time benefit upon a qualifying marriage event.
Marriage leave must be taken around the time of the marriage and cannot be carried over.
Marriage leave is not paid out upon termination as it must be used at the time of the marriage.
There is no end of year payout for marriage leave as it is to be used specifically for the period surrounding a legal marriage.
Marriage leave must be taken in conjunction with the legal marriage date and typically cannot be used at other times.
Paternity leave in Spain is 12 weeks, aimed to promote shared responsibility of child care and bonding with the newborn.
Fathers are expected to notify their employer as soon as possible, typically at the same time as the mother notifies her maternity leave.
Paternity leave is a statutory right and does not require approval, but notification and sometimes documentation are necessary.
The paternity leave quota is fixed and no additional weeks are typically granted beyond the statutory entitlement.
Paternity leave does not accrue but is granted as a one-time entitlement per childbirth.
Paternity leave must be taken within a set period around the childbirth and cannot be carried over.
Paternity leave does not apply upon termination as it is intended for use specifically around the time of childbirth.
There is no end of year payout for paternity leave as it must be used in relation to the period of childbirth.
A portion of paternity leave may be shared with the mother or another family member under certain conditions.
Employees are entitled to 22 business days of paid annual leave per year. This quota typically excludes weekends and public holidays.
Employees should notify their employer about their intention to take annual leave at least two weeks in advance, although this can vary based on company policy.
Annual leave requests must be approved by the employer, and scheduling is subject to business needs and other employees' leave schedules.
Additional annual leave days are generally not standard and depend on company policies or individual employment contracts.
Annual leave accrues monthly throughout the year at a rate proportional to the length of service.
Carry over of unused annual leave is typically allowed, but it usually must be used within the first few months of the following year, depending on company policy.
Upon termination of employment, employees are entitled to a payout for accrued but unused annual leave.
There is generally no end-of-year payout for unused annual leave; it either carries over or is lost, depending on company policy.
Annual leave is often coordinated with public holidays to extend time off periods, subject to employer approval.
Bereavement leave is granted for 2 to 4 days depending on the proximity of the deceased relative and the location of the funeral.
Employees are expected to notify their employer as soon as possible in the event of the death of a close relative to arrange for bereavement leave.
Bereavement leave is usually granted automatically upon notification and provision of appropriate documentation, such as a death certificate.
Additional days beyond the standard bereavement leave are not commonly granted, unless under exceptional circumstances and employer discretion.
Bereavement leave does not accrue and is granted as needed based on specific bereavement situations.
There is no carry over for bereavement leave as it is intended to be used immediately following the bereavement incident.
Unused bereavement leave is not paid out upon termination as it applies only in the event of a family death.
There is no end of year payout for bereavement leave.
Bereavement leave typically applies to the death of immediate family members, which usually includes spouses, parents, children, and siblings, though this can vary slightly based on employer policies.
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