Sunday, July 3

Until when can I spend the unused vacation days?

The Workers’ Statute is clear that “the period of paid annual leave […] in no case will the duration be less than thirty calendar days “, but it does not delve into the expiration of those days. Spanish jurisprudence has so far interpreted that the specific mention of” annual leave “means that the worker must spend his days at natural year and what if these don’t expire at the close of it. Company and employee can agree on more flexible mechanisms in case the second has not been able to spend all his days before the December 31st. However, in the event of a conflict between the parties, the courts have determined that the vacations not taken expire; with some exceptions.

An exception would be if a female worker, during her vacations, has to take a temporary disability derived from pregnancy, childbirth or natural lactation. Then the vacations are interrupted and when the worker returns to the office she can spend her pending vacations again, regardless of any deadline.

And if the worker causes leave due to temporary disability due to a common illness or contingency, the Workers’ Statute establishes that the worker may spend their vacations “once their disability ends and provided that no more than eighteen months have elapsed from the end of the period. year in which they originated “.

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