Summer vacations are one of the most anticipated times of the year, but they don’t always go as planned. Getting sick, having an accident, or needing medical leave during those days can mean you don’t get to enjoy them. For this reason, Legálitas explains whether vacation days can be lost and what rights workers have if they need medical leave during vacation.
Can vacation be paused due to medical leave? Do those vacation days get lost?
Yes. In Spain, Article 38.3 of the Workers’ Statute states that if medical leave coincides with vacation, the affected days stop counting as vacation. This right applies whether the leave begins before or during the vacation period.
The worker will have the right to enjoy vacation on an alternative date after the suspension period ends; even if the alternative date falls outside the calendar year to which the vacation belongs, they may enjoy the days that remained outstanding, but always provided that no more than 18 months have elapsed from the end of the year in which they originated.
If a family member undergoes surgery during vacation, can you request days for hospitalization and postpone the vacation?
Legálitas explains that, under labor regulations, it isn’t possible to interrupt the vacation and then take paid hospitalization leave right after the vacation. Unless there is an agreement with the employer or improvements established by a collective bargaining agreement, that right would be lost if it overlaps with the vacation period.
And this is because hospitalization leave for a family member or a surgical intervention is meant to address the underlying reason, so there is a need for immediacy between the cause and enjoyment. In that sense, unless the applicable agreement contemplates it or the employer authorizes postponing the vacation, the leave cannot be deferred to a later moment, because absence from work is only justified when there is an obligation to work, which does not occur during vacations or contract suspension.
Process to request medical leave during vacation
To make the pause of vacation valid, it is essential to follow these steps:
- Get an official medical certificate, which must be issued by a physician from the public system or the workers’ mutual, since without a medical certificate the vacation cannot be legally interrupted due to illness.
- Notify the company. Once the medical certificate reaches the company automatically, you should notify as soon as possible and preferably in writing that you are on leave and that the vacation is paused. From that moment, the days no longer count as time off.
- After returning from the leave, the employee and the company must agree again on the employee’s vacation dates, as they cannot be unilaterally imposed.
When can the worker take vacation again?
After the medical leave ends, Legálitas notes that any pending vacation can be taken on a new date, which can be immediately after the leave ends or later, although it must be agreed with the company.
It is important to remember that vacation days from previous years that coincided with the medical leave can be moved to later months, but always as long as no more than 18 months have elapsed since the last month of the year in which they were generated.
Can the company deny medical leave?
No. Medical leave is a medical decision, so the company is obligated to accept it if it is properly issued. Rejecting or ignoring it can amount to legal non-compliance.
