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Employment in Spain – Leave of Absence Entitlements

For those new to Spain, apart from the standard employment law (or Workers' Statut which defines the general minimum employment conditions regarding such things as the maximum working day, holiday entitlements, formal requirements regarding contracts, provisions for just and unjust dismissal etc.) it should also be remembered that the local or industry-specific trade agreements can also provide for more beneficial conditions. With regard to workers 'entitlements to days off or leave of absence apart from the standard 30 days' annual summer holidays and other bankruptcy days (both local and national), the following should be borne in mind in this respect:

Spanish Labor law allows for certain situations in which a worker has the right to absent him or herself from work without any deduction in their salary claiming that they have given sufficient warning and that the absence is justified and therefore granted by the employer. The following are some of the more common situations:

– In the case of an employee getting married: 15 days.
– Birth of child: 2 days.
– Serious illness or death of immediate members of the family (parents, siblings etc): 2 days

The second two categories above can allow for 4 days if the employee needs to travel outside of their region for the specific purpose.
– Moving house: 1 day.
– Fulfilment of obligatory public duties (eg when called up to form part of a jury): however long it takes or is strictly required for the fulfillment of this duty.
– Trade union representatives negotiating trade agreements: as long as is strictly necessary for the carrying out of this duty.
– Feeding a child of 9 months and under: the mother or father are allowed 1 hour a day for this purpose (this hour can be split into 2 periods of half an hour each). In place of this, the mother or father (not both) can apply for a half hour reduction in the working day.
– Carrying out prenatal tests and preparation techniques: as long as is necessary.

It should also be borne in mind that these holidays as with other types of holidays are calculated on the basis of natural or calendar days. This means that for example the 15 days that you would be due for marriage include weekends and must be taken in one go. For example if you took leave of absence for marriage purposes on Monday April 1, you would be due back at work on Tuesday 16 April.



Source by Thomas Leacy

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