Spanish workers who fall ill during their summer vacation do not lose the days affected, according to the law firm Legálitas. Current regulations grant every employee 30 calendar days of annual rest, or 22 working days of vacation, each year, but that rest period can be cut short by illness, an accident or any situation requiring a worker to take medical leave.
Legálitas said labor law protects workers in these cases. Vacation days that coincide with a period of temporary incapacity are not forfeited and can instead be taken once the medical leave ends, as long as the deadlines set by regulation are respected.
Article 38.3 of the Workers' Statute states that when a temporary incapacity coincides with a vacation period, those days stop counting as vacation. The guarantee applies whether the medical leave begins before the vacation starts or after it has already begun.
Once a worker receives medical discharge, they can take the outstanding vacation days on a different date, even if the calendar year they were owed for has already ended. Regulation sets a limit, however: those days must be taken within 18 months of the end of the year in which they were generated.
What happens if a relative is hospitalized
The situation changes when a family member is admitted to hospital or needs surgery during a worker's vacation. In that case, the paid leave normally granted for such circumstances does not automatically pause the vacation period.
Legálitas explained that, unless there is an agreement with the employer or improved terms under a collective bargaining agreement, that right would be lost if it overlaps with vacation rest. The firm said this type of leave must be used immediately to address the reason for it and only applies when there is an actual obligation to be at work.
How to request leave during vacation
For vacation to be legally interrupted, a worker must obtain the corresponding medical leave certificate issued by the public health system or the relevant mutual insurance provider. Without that document, illness does not suspend the vacation period.
Workers should also notify their employer of the situation as soon as possible, preferably in writing. Once the temporary incapacity ends, both employer and employee must agree on a new date to take the outstanding days, since neither side can impose the date unilaterally.
Employers cannot reject medical leave
Legálitas said temporary incapacity is a decision made exclusively by medical professionals. As a result, if the leave has been properly issued, the employer is required to accept it and cannot deny or ignore it. Doing so could amount to a breach of labor regulations.
