Paid leave: legislation and main questions
There are many reasons for which an employee may request a leave of absence from work: moving, illness or accident, studies, among others. However, the remuneration or not of such leave will depend on the causes of the request and what is established in the law for these purposes.
In this article, Appvizer explains which are the main cases provided by law in which the employee has the right to request a paid leave and its conditions. Likewise, we clarify the main doubts that arise regarding this issue, such as the number of days that correspond in each case, the main differences between paid and unpaid leave and how to request it.
Let's start!
What is paid leave?
A paid leave or paid leave is a type of absence on the part of the worker in which he/she, in his/her right, will continue to earn an economic compensation.
This type of leave allows the employee to be absent without any type of sanction or reprimand from the employer. Likewise, with this type of leave, the worker is not required to make up the hours of absence.
The worker must inform with prior notice and subsequently justify such absence.
What are paid leaves of absence? - Workers' Statute
In Spain, Article 37 of the Workers' Statute (RD Legislative 2/2015, of October 23) recognizes a series of reasons for which workers are entitled to be absent from work with the right to remuneration.
These are the main paid leaves:
1. Marriage
A leave of fifteen calendar days is granted.
2. Birth of a child or death, accident or serious illness.
The duration of the leave for the birth of a child is eight (8) uninterrupted weeks.
Likewise, leave is granted in case of hospitalization or surgery without hospitalization. This type of leave is granted up to the second degree of consanguinity or affinity. The time of leave will be from two to four calendar days, in the event that mobilization is required.
3. Relocation of usual place of residence
In the case of moving, a paid leave of one day is established for workers.
4. Fulfillment of an inexcusable duty of a public or personal nature.
This type of leave includes the exercise of active suffrage or jury duty as an inexcusable duty.
However, depending on the internal regulations, if the employee receives an indemnity, this will be deducted from the salary.
5. Situation of forced leave
In case the employee is unable to work more than 20% in a period of three months.
6. Union or personal representation functions
The worker will be granted the necessary time to perform his work, provided that the company is involved in the negotiation.
7. Prenatal preparation or adoption
The employee shall be granted the time required for prenatal examinations, information sessions, preparation for adoption and other activities of this type.
8. Infant care
The employee shall be entitled to one hour of absence or to accumulate such time in full days (subject to agreement between the parties).
9. Premature birth
The employee shall be entitled to be absent from work in the event of premature birth or hospitalization as a result of labor.
10. Training linked to the company's activity
The employees of a company, with a minimum of one year of seniority, are entitled to a paid leave of 20 hours per year of training for a period of up to five years.
11. Taking exams
Paid leave shall be granted to an employee who is required to take exams to obtain a professional or academic degree.
What is unpaid leave?
On the other hand, there are a number of cases that are not reflected in the Workers' Statute and are therefore considered as unpaid leave. That is to say, they are those absences from work that will not be economically compensated to the employee.
These cases are usually specified in the Collective Bargaining Agreement, as well as their limitations.
Paid leave: frequently asked questions
Often, both workers and employers are faced with particular situations regarding the application of legislation concerning paid or unpaid leave.
To help clarify these doubts, we have decided to clarify a number of questions that may arise with regard to paid and unpaid leave:
1. how do I apply for unpaid or paid leave?
There is no single way to apply for leave. Each company has an internal procedure, which is essential to make clear from the moment of hiring. Whether it is through leave software or a physical document, the important thing is to record the request in case of dispute.
2. What salary is paid during paid leave?
The salary granted to the employee will be the same as if he/she were to report to work. Of course, this does not include any overtime that may have been generated.
3. Unpaid leave: Social Security
Unpaid leave is subject to social security contributions according to the minimum base of the professional category.
4. Unpaid leave: Workers' Statute
Unpaid leave is not regulated by the Workers' Statute, i.e. the company has the power to authorize or not the enjoyment of unpaid leave.
5. Paid leave: Collective Bargaining Agreement
Finally, it is important to remember that each Collective Bargaining Agreement may refer to particular cases in which the rights of workers to request paid leave are extended.
Each case is unique and requires an individual analysis based on the characteristics of the legislation and the particular contract.
Paid absences are part of the payroll variables. An aspect that companies need to manage and control at all times. Now that you know which leaves are subject to remuneration, be sure to tell us about your experiences in this regard.
Article translated from Spanish