🇪🇸 Time Off in Spain

Sarah Rebecca Miller
Sarah Rebecca Miller
  • Updated

Oyster policy is denoted in purple.

Statutory

Eligibility

Employees in Spain have a legal right to annual paid time off (PTO). Employees are entitled to a minimum of 30 paid days off a year (which amounts to 22 working days). Paid time off is mandatory and cannot be replaced with cash compensation. Collective bargaining agreements (CBA) or individual employment contracts may establish a higher minimum number of PTO days.

According to the CBA applicable to Oyster, employees are entitled to a minimum holiday period of 23 working days per calendar year.

Cash compensation for PTO is only allowed in cases where the employment contract is terminated before the employee can use their PTO. Holidays are accrued on a daily basis.

Timing

The time period in which employees can take PTO must be mutually agreed upon between the employer and employee. Collective agreements should contain company rules regarding PTO planning. In case of a disagreement between the parties, a claim can be made to the applicable labor court, and their decision regarding timing will be final.

Employers must set a schedule for their employees to take PTO. The PTO schedule must be set and employees must be informed of the schedule at least two months in advance of the time off.

In some instances, PTO can be rescheduled or carried over:

  • If an employee’s contract is suspended during their scheduled PTO dates due to pregnancy, breastfeeding, or childbirth, the employee is entitled to take their PTO on another date. 
  • If the employee’s contract suspension ends after the calendar year, the PTO is rolled over to the next year. 
  • If an employee is temporarily incapacitated for other reasons (e.g., sickness, injury, disability, family leave, etc.) during their scheduled PTO, the employee may take their PTO once the period of incapacity ends. However, the employee must take the time off within 18 months from the last day of the calendar year in which the PTO was granted.

PTO in Spain is paid like ordinary working days, with no additional allowance or vacation pay. However, some temporary or seasonal workers can’t enjoy their minimum PTO entitlement because their work period doesn’t correspond to a potential period for PTO. These employers must be compensated with a payment in proportion to their earned vacation.

Holidays cannot be carried over to the following year unless the employer agrees to it, or unless otherwise required by applicable law (maternity and similar leave or temporary disability for example). In such a situation, the carried forward leave must be taken within a maximum period of 18 months from the end of the year in which the leave was accrued.

Accrued but unused holiday cannot be paid in lieu, except if required by law at termination of the employment agreement. At Oyster, we do not allow holiday carry over unless required by applicable law or when agreed in writing and signed by both parties.

The CBA applicable to Oyster provides additional leave paid by the employer in the following circumstances:

Death, accident, or serious illness of a close relative: two (2) days (four (4) days for the death of spouses, parents or children). 

This provision includes circumstances such as hospitalization or surgical intervention without hospitalization requiring home rest. In situations where the employee must travel to visit the close relative, the provision will be extended to four (4) days.

Residence move: one (1) day

Wedding: fifteen (15) days

Temporary relocation: four (4) days for every three (3) months

If the employer requires that the employee temporarily relocates to another city, then the employee is entitled to four (4) days at home for every three (3) months away from home.

After being given dismissal notice: six (6) hours per week

After giving an employee notice that they are being laid off, they have a right to six (6) hours per week of time off  to search for  a new job.

Voting, jury duty, attendance at a trial, renewal of ID card, etc.: time off as needed

Union functions: time of as needed.

Vacation pay for those on leave is covered in the leave section.

Customary

Companies do not typically provide extra paid vacation.

Best in Class

Certain large companies in the services sector provide extra paid vacations of two (2) to seven (7) days. This period may increase by agreement between the parties.