Paid leave entitlements in 2026: what they are, types, and key aspects for managing them correctly

Paid leave entitlements are part of the day-to-day management of any company. Marriage, hospitalisation, relocation, public duties, or urgent family situations are some of the circumstances in which an employee may be absent from work while maintaining their right to salary payment.

Although the Spanish Workers’ Statute has regulated these types of leave for years, in practice their application continues to raise many questions among companies and Human Resources departments. In addition, recent labour reforms and evolving case law have introduced significant changes that companies should be aware of.

In this article, we review what paid leave entitlements are, the main existing types, and the key aspects companies should consider in order to manage them correctly.

What are paid leave entitlements?

Paid leave entitlements are justified absences from work during which employees retain their right to receive their salary.

These are legally recognised rights that allow employees to deal with certain personal, family, or civic situations without loss of pay.

Their main regulation is set out in Article 37 of the Spanish Workers’ Statute, although many collective bargaining agreements extend their duration or improve their conditions.

For the leave to be valid, two requirements must generally be met:

• Prior notice to the company.
• Subsequent justification for the reason for the absence.

 

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Main types of paid leave entitlements

Marriage or registered partnership leave

Employees are entitled to:

• 15 calendar days of paid leave.
• Also applicable in the case of official registration as a registered partner.

Case law has also clarified an important issue: if the marriage or registration takes place on a non-working day, the leave starts to be counted from the next working day.

Leave for hospitalisation, serious illness, or surgery

Following the reform introduced by Royal Decree-Law 5/2023, this leave has gained significant practical importance. It currently grants 5 days of paid leave for:

• • Hospitalisation.
  • Serious accident.
  • Serious illness.
  • Surgical procedures requiring home rest.

In addition, the leave is no longer limited only to close relatives, but may also extend to cohabitants.

Leave for relocation of the habitual residence

The Spanish Workers’ Statute recognises 1 day of paid leave for moving house. Many collective bargaining agreements extend this period.

Leave for essential public and personal duties

This leave covers situations such as:

• Attending court hearings.
• Serving on an electoral board.
• Renewing official documentation.
• Mandatory administrative appearances.

The duration will be “for the indispensable time required”.

Pregnancy and birth-related leave

The regulations recognise different types of leave related to pregnancy and work-life balance:

• Prenatal examinations.
• Childbirth preparation classes.
• Adoption and foster care procedures.

Recent case law has also clarified which leave entitlements correspond exclusively to the pregnant employee and which may be enjoyed by both parents.

Family force majeure leave

One of the most significant developments in recent years is the family force majeure leave regulated under Article 37.9 of the Workers’ Statute.

It allows employees to be absent from work for urgent and unforeseeable family reasons when their immediate presence is required. Currently:

• It may be taken for up to 4 days per year.
• The Spanish Supreme Court has recently confirmed its paid nature.

Leave due to weather events or inability to travel

Legislation also now contemplates leave related to force majeure situations such as:

• DANAs (severe weather events).
• Snowstorms.
• Flooding.
• Official mobility restrictions.

In these cases, employees may be absent from work if it is impossible to reach the workplace.

Main practical questions and conflicts

Although paid leave may seem straightforward, in practice it generates many labour disputes. The most common questions usually include:

• When does the leave period start?
• Are the days counted as calendar days or working days?
• What documentation may the company require?
• Can the leave be denied?
• What happens if it coincides with holidays or vacation periods?
• How does the collective bargaining agreement affect it?

Moreover, many issues are not resolved simply by reading the Workers’ Statute, but rather depend on the interpretation of the courts.

Adlanter, specialists in labour advisory and HR management

At Adlanter, we help companies and Human Resources departments to manage their labour obligations with legal certainty and a strategic approach.

We provide specialised advice in:

• Labour law.
• Labour compliance.
• Employment relations management.
• Labour audits.
• Internal protocols and HR policies.
• Regulatory updates and training.

If you need support managing paid leave, work-life balance matters, or any complex labour issue, our team can help you.