Annual Leave in Spain: How Many Vacation Days Are You Owed?

🇪🇸 Read the original in Spanish

The right to rest is one of the fundamental pillars of employment law in Spain, conceived not just as a benefit, but as a constitutionally protected health and safety measure. Planning your annual leave often raises recurring questions for both employees and employers: do weekends count? What happens if I am on sick leave? Can I carry days over to the following year? Understanding how the vacation system works under Spanish legislation is key to avoiding workplace conflicts and ensuring compliance with the law. In this detailed article, we thoroughly analyze the regulatory framework, deadlines, calculations, and procedures governing annual leave in Spain so you can know your rights and obligations with absolute precision.

The Legal Framework of Vacations in Spain: What Does the Workers' Statute Say?

The right to paid annual leave is non-renounceable, meaning that the employee cannot waive it, nor can the employer financially compensate them for it (except in very specific cases of contract termination). This right is primarily regulated by *Article 38 of Real Decreto Legislativo 2/2015, de 23 de octubre, por el que se aprueba el texto refundido de la Ley del Estatuto de los Trabajadores** (hereinafter, the Estatuto de los Trabajadores* or ET / Workers' Statute).

The general rule establishes that the duration of vacations will be as agreed in the applicable Convenio Colectivo (Collective Bargaining Agreement) or in the employment contract. However, the Estatuto de los Trabajadores sets an unbreakable legal minimum:

• Annual leave cannot be less than 30 calendar days (días naturales) for each full year of service.
• If the applicable Collective Bargaining Agreement opts to calculate leave in working days (días laborables), the guaranteed equivalent minimum is 22 working days per year.

The Key Difference: Calendar Days vs. Working Days

It is essential to distinguish between these two concepts to avoid misunderstandings when requesting your days off:

1. *Calendar Days (días naturales): These include every day on the calendar (Monday to Sunday, as well as public holidays). If your company calculates vacations in calendar days (30 days*), the rest period will start counting from the first day of absence, and any weekends falling within the vacation period will count toward the total. Furthermore, Spanish case law has determined that vacations cannot start on a public holiday or a non-working day for the employee.
2. *Working Days (días laborables): These exclude weekends (usually Saturdays and Sundays, depending on the company's weekly work schedule) and official public holidays. If your collective agreement establishes 22 working days*, days will only be deducted from your vacation balance when you take off days on which you were actually scheduled to work.

How Vacations Are Calculated: Rules and Formulas Based on Your Working Hours

The right to annual leave is generated proportionally to the time worked during the calendar year (which runs from January 1 to December 31).

1. Calculation for Full-Time Employees All Year Round

An employee who provides services during the entire calendar year accrues the full entitlement: 30 calendar days or 22 working days.

2. Proportional Calculation for Temporary Contracts or Mid-Year Hires

If an employee joins the company mid-year, or has a temporary contract lasting less than a year, they will accrue a proportional share. The mathematical formula is simple:

$$\text{Accrued vacation days} = \frac{\text{Days worked in the year} \times \text{Annual vacation days}}{365}$$

• If calculated based on 30 calendar days: 2.5 calendar days are accrued for each month worked.
• If calculated based on 22 working days: 1.83 working days are accrued for each month worked.

3. Vacations in Part-Time Contracts

There is a widespread misconception regarding part-time contracts (for example, working 20 hours per week instead of 40). A part-time employee has exactly the same number of vacation days as a full-time employee (30 calendar days or 22 working days). The difference does not lie in the number of rest days, but in the financial compensation they will receive during those days, which will be proportional to their working hours.

Practical Examples of Vacation Calculations

Below, we outline two common scenarios to illustrate how these rules are applied in Spanish labor practice.

Example 1: Joining the Company Mid-Year

María signs an employment contract on July 1 with a company whose Collective Bargaining Agreement establishes 22 working days of vacation per year.

• María will work exactly 6 months in that calendar year (from July 1 to December 31).
• To calculate her vacation days, we multiply the months worked by the monthly ratio: 6 months x 1.83 days = 10.98 days.
• By standard rounding and agreement, María is entitled to 11 working days of vacation to be taken before the end of the year.

Example 2: Contract Termination and Severance Pay

Carlos works at a consulting firm on a temporary contract. His collective agreement establishes 30 calendar days of vacation per year. Carlos started working on January 1, but the company decides to terminate his contract on August 31 (he has worked exactly 8 months or 243 days). During this period, Carlos has not taken any vacation days.

• Calculation of accrued days: 8 months x 2.5 days = 20 calendar days.
• As the employment relationship is terminated without him having taken these days, the company must pay Carlos for those 20 days in his finiquito (final settlement).
• If Carlos's daily salary (including the proportional part of extra payments if they are not prorated monthly) is €50, the gross amount he will receive for "untaken vacations" will be €1,000 (20 days x €50). This amount will be subject to personal income tax (IRPF) withholdings and the corresponding social security contributions under the Ley General de la Seguridad Social (LGSS / General Social Security Law).

Practical Steps: How to Request Your Vacations

Taking vacations cannot be a unilateral decision by either party. The Estatuto de los Trabajadores requires mutual agreement. Follow these steps to formally request them:

1. *Check the Collective Bargaining Agreement (Convenio Colectivo):* Review the agreement applicable to your sector and company. Many agreements establish preferred periods (for example, between June and September) or limits on how many employees from the same department can be on vacation at the same time.
2. Plan in Advance: Article 38.3 of the ET establishes that the employee must know their designated vacation dates at least two months in advance of the start of the leave, unless the collective agreement sets a longer period.
3. Request in Writing: Even if many companies use HR portals or emails, always submit your request in writing. Clearly state the start date and end date of the requested period.
4. Company Confirmation: The company must respond explicitly (preferably in writing or through the corporate digital system). Never go on vacation without written confirmation, as the company could claim abandonment of the workplace or unjustified absences, which is grounds for disciplinary dismissal.
5. Dispute Resolution: If there is no agreement between you and the company, you cannot take matters into your own hands. You must file a lawsuit before the Social Courts (Juzgados de lo Social) through the urgent and summary procedure regulated by *Article 125 of Ley 36/2011, de 10 de octubre, Reguladora de la Jurisdicción Social (LRJS / Law Regulating Social Jurisdiction)*. This process is fast, and the ruling issued cannot be appealed.

Special Situations: Temporary Disability, Maternity, and Paternity

What happens if you fall ill just before or during your vacations? Or if they coincide with parental leave? The Estatuto de los Trabajadores protects the right to rest in these situations very clearly:

Coincidence with Temporary Disability (Incapacidad Temporal / Sick Leave)

If the vacation period set in the company calendar coincides with a period of temporary disability (whether due to a common illness, work accident, or any other cause), the employee has the right to take their vacation at a different time.

• This applies whether the sick leave starts before the vacation begins or occurs during the course of the vacation.
• The employee can take the pending days once they receive their medical discharge (alta médica), provided that no more than 18 months have passed from the end of the year in which the leave was accrued.

Coincidence with Maternity, Paternity, or Pregnancy Leave

If vacations coincide with a suspension of the contract due to maternity, paternity (birth and care of a minor), risk during pregnancy, or accumulated breastfeeding leave:

• The employee has the right to take their vacation in a different period.
• In this specific case, the 18-month limit does not apply. The corresponding days can be taken even if the calendar year to which they correspond has already ended.

Common Mistakes to Avoid

When managing your annual leave in Spain, making certain common mistakes can lead to losing your rest days or, in the worst-case scenario, disciplinary action:

• Going on vacation by "administrative silence": If you request your vacations and the company does not respond, do not assume they have been approved. Absenteeism without express authorization can be considered a very serious breach of contract or abandonment of your post.
• Thinking you can "carry over" vacations to the next year: As a general rule, vacations expire on December 31 of each year. If you do not take them within the calendar year, you lose the right to them, unless the Collective Bargaining Agreement allows otherwise, there is an express agreement with the company, or you were on sick leave or parental leave.
• Accepting money in exchange for not taking your vacations: The law strictly prohibits replacing vacations with financial compensation. It is an unrenounceable right. Untaken vacations can only be paid out in the finiquito when the employment relationship ends (due to dismissal, end of contract, or voluntary resignation) without the employee having been able to take them.
• Working for another company during your vacations: Although technically possible under the principle of freedom of employment, you must be careful. If your original employment contract includes a valid exclusivity or non-compete clause, working for a third party during your vacations can be grounds for a justified disciplinary dismissal.

Frequently Asked Questions (FAQ)

Can vacations be taken as single, individual days?

Yes, it is possible to split up your vacations, but with certain limits. Generally, Collective Bargaining Agreements require that at least one of the rest periods must have a minimum duration of two uninterrupted weeks (14 or 15 calendar days) to ensure that the purpose of disconnection and effective rest for the employee is met.

Can the company force me to choose specific dates?

The vacation calendar must be set by mutual agreement. The company cannot unilaterally impose all your vacations, but you cannot decide when to go on your own either. However, many Collective Bargaining Agreements grant the company the power to reserve certain high-activity periods during which vacations cannot be requested, or establish that the company chooses half of the days and the employee chooses the other half.

If I work part-time, am I only entitled to 15 days instead of 30?

No. As detailed above, the duration of vacations is exactly the same for all employees, regardless of their daily or weekly working hours. If you work part-time, you are entitled to 30 calendar days of vacation per year, during which you will receive the salary corresponding to your usual part-time hours.

What happens to my vacations if I am dismissed while on sick leave?

If the company terminates your employment contract while you are on temporary disability and you have not been able to take your accrued vacations, the company is obliged to include financial compensation for all those untaken vacation days in your final finiquito, paying the corresponding social security contributions for them.

Do national or local public holidays count as vacation days?

If your company calculates vacations in working days (minimum of 22), national, regional, or local public holidays do not count toward your used days. If the calculation is made in calendar days (minimum of 30), public holidays that fall within the requested vacation period are consumed as part of the total rest days.

Summary

• The legal minimum in Spain is 30 calendar days or 22 working days per full year worked.
• Vacations are accrued proportionally to the time worked within the calendar year (January 1 to December 31).
• The vacation calendar must be agreed upon by mutual consent and known at least two months in advance.
• As a general rule, vacations cannot be carried over to the following year or compensated with money, except upon termination of the contract.
• If they coincide with sick leave or parental leave, the right to take them at a later date is preserved.

General legal information, not personalised legal advice. For your specific situation, ask your question for free at AbogadoAI — answers grounded in Spanish law (BOE), in English.

This is general information, not legal advice. Verify on the BOE or consult a lawyer for your specific case.