All About Employee Leave & PTO in Spain

Learn about leave requirements in Spain and how Justworks EOR can help you streamline hiring in Spain.

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How an EOR Can Help with Employee Leave & PTO in Spain

Different countries have different leave requirements and norms around vacation time. When hiring in Spain, Justworks EOR can help ensure your leave policies align with legal and relevant collective bargaining agreement (CBA) requirements and prospective employees’ expectations. Save time, money, and effort by minimizing the risks of hiring in an unfamiliar talent market like Spain. We’ll help you hire more quickly and manage HR tasks like running payroll, filing taxes, accessing benefits, staying on top of compliance, and more.

Employee Leave & PTO Expectations in Spain

Employees in Spain are entitled to annual paid leave including vacation days, maternity and paternity leave, sick leave, medical leave, and more.

Vacation Leave 

Vacation leave, also known as 'holiday entitlement,' is a key part of Spain's labor laws and work culture. Employees get at least 30 paid calendar days off per year, one of the most generous allowances in Europe.

Maternity & Paternity Leave 

In Spain, maternity leave lasts 16 weeks, starting four weeks before the due date. New moms must take at least six weeks after birth and receive 100% of their salary from social security. Maternity leave can be shared between parents if both work. Nursing moms can reduce work hours to make time for breastfeeding. New fathers get at least 16 days of paternity leave.

Child Disability Leave 

Spanish employees are entitled to take two weeks off to care for their disabled child. If the child is under 12 and has a serious disability, both parents can request a reduction in their work hours with a salary reduction. 

Bereavement Leave

Employees may take two paid days off in cases of the death of an immediate family member or four days off to accommodate travel time. 

All Other Leave

Employees in Spain have several other paid leave entitlements, including time off for jury duty with documentation to support their duty requirements. They can also take 15 days off for marriage, one day for moving, and leave to participate in trade union or workers' representative activities.

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Sick Leave  

In Spain, employees get short-term sick pay for sickness or work-related injuries calculated as a percentage of the employee’s base salary depending on the length of leave. Employees are no longer required to submit sick leave and/or medical discharge certificates to employers. The National Institute of Social Security is responsible for sharing sick leave certification  with the employer. 

To qualify for sick pay, employees must be registered at the time of leave with the social security system, and have contributions to the system for at least 180 days immediately before the leave. Sick leave can be taken for up to 365 days and extended for 180 additional days if needed.

Menstrual Leave

In a ground-breaking decision earlier in 2023, Spain ruled to provide employees with three to five days of paid menstrual leave every month. There are no restrictions on how often they can use this type of leave, but employees must provide a doctor’s note to support their absence.

Public Holidays in Spain 

Spain has 14 national holidays that employees receive pay and time off for regardless of how long they’ve worked. 

Public holidays in Spain : 

  • New Year's Day - January 1

  • Good Friday - Friday before Easter

  • Labour Day - May 1

  • Day of Assumption - August 15

  • National Holiday of Spain - October 12

  • All Saints Day - November 1

  • Spanish Constitution Day - December 6

  • Immaculate Conception - December 8

  • Christmas Day - December 25

Ready to Hire Confidently in Spain?

Justworks EOR makes building your global team seamless by offering local expertise to help you understand the nuances of the talent market in Spain. Save yourself the time and hassle of international hiring today.