He Employee statute It is the basic norm that regulates the labor rights of all Spaniards. Days, breaks, vacations and authorizations are recorded in this text, which protects all employees in the country. Although it is important, few know it in detail and may forget some of the rights granted to them by law. This also includes permission for a family member to be hospitalized or have an operation.
According to labor lawyer Sebastián Ramírez on his social networks (@leyesconsebas), “many workers do not know this and request leave, even though it is a fully paid leave included in the Workers’ Statute in Article 37.3.” The lawyer shares the details of this holiday on his social networks, “an employment law consisting of a five day fully paid vacation due to a family member’s hospitalization or surgery.”
“Fully paid 5-day leave is a work right that you can take advantage of when you have to take care of serious and unforeseen situations of a close family member. It is, for example, a hospital stay, a surgical procedure or a serious medical situation that requires your immediate presence. During these days You will receive your full salary“There is no discount and you don’t have to ‘recover’ hours later,” emphasizes Ramírez.
Current regulations protect the right of workers to be absent from work in the event of a serious illness, an accident or the need for hospitalization of an immediate family member or co-resident, provided that the situation requires effective attention and care. In order to apply for this approval, it is important to prove in any case: the employee is obliged to do so Provide the documents requested by the company to justify the absence, such as medical certificates or certificates from the hospital. In cases where compliance with these procedures is not possible due to urgency, the law also provides for subsequent communication allowing workers to leave immediately if the urgency requires it. “Don’t ask about vacation, you have up to five days vacation and it’s paid, so you know,” he concludes.
The reform of paid leave for hospital stays of family members has led to a significant expansion of workers’ rights in Spain, after the government updated the regulations through the Royal Decree adopted in June 2023. This measure, which represents the implementation of European Directive 2019/1158, has facilitated the reconciliation of work and family life in situations of serious illness or hospitalization of family members.
Holiday protection extends to both the employee’s spouse and de facto partner. It also reaches the Relatives up to the second degree of consanguinity or consanguinityand since the last reform, it also expressly includes those people who, without being direct relatives, live in the same apartment and are dependent on effective care from the applicant. This is set out in both Article 37.3.b) of the Workers’ Statute and Article 48.a) of the Basic Statute of Public Servants.
The Duration of the vacation It varies depending on the family relationship. For the care of parents or children (first degree) as well as roommates, the permit is valid for five working days. However, if grandparents, grandchildren or siblings (second degree) are affected by a hospital stay, the claim is limited to four working days. In all cases, the duration is calculated on working days and not on calendar days, so only the days on which the employee was obliged to go to work are counted. The law also guarantees receipt of full salary during the entire period of absence without any reduction in wages.
On the other hand, the current regulation gives the employee the opportunity to do so Decide how and when you will distribute the days Leave during the entire period of illness or hospitalization of the family member. The enjoyment of this right should not necessarily be concentrated on the first day of hospitalization, but may be divided and used at the most opportune times to organize effective care, provided that the need is justified and the maximum duration established is respected.
About The Author
