Paid Leave in Spain: Death, Hospitalisation, and Moving House

🇪🇸 Read the original in Spanish

Work-life balance is one of the fundamental pillars of employment law in Spain, a right that often generates doubts and conflicts between companies and employees. When we face major life events, such as the loss of a loved one, the hospitalisation of a family member, or moving to a new home, Spanish legislation provides for a series of paid leaves that allow employees to be absent from work without losing their right to remuneration. Understanding the exact scope of these paid leaves, their deadlines, notice requirements, and how to justify them is essential to avoid disciplinary sanctions or the loss of economic rights. In this detailed guide, we will thoroughly analyse the legal framework of leave for bereavement, hospitalisation, and moving under the Spanish regulatory framework.

The legal framework of paid leave in Spain

The reference regulatory framework governing these leaves is mainly found in the 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 (Royal Legislative Decree 2/2015, of 23 October, approving the consolidated text of the Workers' Statute Law, hereinafter referred to as the Estatuto de los Trabajadores or ET). Specifically, Article 37.3 of this regulation establishes the basic catalogue of minimum paid leaves that correspond to any employee in Spain.

It is fundamental to highlight that the Estatuto de los Trabajadores sets a minimum threshold of necessary law. This means that the Convenios Colectivos (collective bargaining agreements) applicable to each sector or company can improve these terms and conditions (for example, granting more days of leave or extending the degrees of consanguinity), but in no case can they reduce or worsen them.

Furthermore, the recent transposition of European directives on family conciliation (via Real Decreto-ley 5/2023) has introduced substantial modifications to the wording of these leaves, expanding their coverage and expressly equating parejas de hecho (registered de facto partners) with civil marriages.

Leave for the death of a family member

The death of a family member is one of the most difficult situations an employee can face. The Spanish legal system protects this moment by granting a period of leave so that the employee can attend to both their grief and the bureaucratic procedures arising from the death.

Duration and calculation of days

According to *Article 37.3.b) of the Estatuto de los Trabajadores***, bereavement leave has a duration of:

• 2 days, which are calendar or working days (according to the jurisprudence of the Tribunal Supremo (Supreme Court), which determines that if the triggering event occurs on a non-working day, the calculation must start on the first following working day).
• 4 days if the employee needs to travel to another locality for this purpose.

Degrees of kinship covered

The right to this leave is not unlimited; it is restricted by degrees of consanguinidad (kinship by blood) or afinidad (kinship by marriage or registered de facto partnership):

• First degree: Spouse, pareja de hecho (de facto partner), children (both biological and adoptive), and parents.
• Second degree: Siblings, grandparents, and grandchildren.

Uncles, aunts, nephews, nieces, or cousins (third and fourth degrees) are excluded from this legal leave, unless the applicable Convenio Colectivo provides otherwise.

Leave for hospitalisation, surgery, or accident

The regulation of this leave underwent an important reform to adapt to the real needs of caring for sick relatives, making the circumstances that give rise to the leave more flexible.

Requirements and duration of the leave

*Article 37.3.b) of the Estatuto de los Trabajadores grants a leave of 5 days* (consecutive) in the following cases:

1. Accident or serious illness.
2. Hospitalisation.
3. Surgery without hospitalisation that requires reposo domiciliario (home recovery).

This 5-day leave applies whether the event requires travel or not. It is a right intended for the effective care of the family member.

Who generates the right to this care leave?

In this case, the law widens the range of people who generate the right:

• Spouse or pareja de hecho.
• Relatives up to the second degree of consanguinidad or afinidad (parents, children, siblings, grandparents, grandchildren, including in-laws, such as parents-in-law or siblings-in-law).
• Any person other than the above who cohabits with the employee in the same home and who requires their effective care.

Leave for moving (transfer of habitual residence)

Moving home, commonly known as mudanza, is a complex process that requires physical time for packing, transporting, and unpacking belongings, as well as carrying out administrative procedures.

Duration and conditions of the leave

*Article 37.3.c) of the Estatuto de los Trabajadores*** establishes that the employee will be entitled to:

• 1 day of paid leave for the transfer of their domicilio habitual (habitual residence).

Unlike other leaves, the law does not extend this period if the move is to another town or comunidad autónoma (autonomous community), strictly fixing it at 1 day. However, many Convenios Colectivos in the service, construction, or metal sectors extend this leave to 2 days if the move involves changing provinces.

Habitual residence requirement

It is indispensable that the move is to the employee's domicilio habitual. No right to this leave is generated if it is a move to a second home, a holiday apartment, or commercial premises.

Practical step-by-step procedures to request leave

To exercise the right to any of these paid leaves without putting the employment relationship at risk, the employee must follow a formal and rigorous procedure:

1. Prior communication (Notice): The employee must inform the company of the need to be absent as far in advance as possible. In foreseeable cases (such as a move or a scheduled operation), it is recommended to give written notice at least 7 to 15 days in advance. In unforeseeable cases (death or urgent accident), communication must be immediate (via telephone or email) as soon as the event occurs.
2. Written request: Although the initial notice may be verbal, the request must be formalised in writing (physically or via corporate email) stating the reason for the leave, the start date, and the requested duration.
3. Taking the leave: The employee is absent from their post during the corresponding days. It is worth remembering that the salary for these days is received in full, including the base salary and usual salary supplements.
4. Submission of proof: Upon returning to work (or during the absence if possible), the employee must provide the Human Resources department with the documents proving the truthfulness of the triggering event.

Deadlines, amounts, and key figures

To have a clear and quick overview of the quantitative aspects of these leaves, we summarise the essential figures:

• Death of a 1st or 2nd-degree relative: 2 days (or 4 days if interprovincial travel is required).
• Hospitalisation or serious illness of a relative: 5 days (no distinction for travel).
• Moving habitual residence: 1 calendar day of leave according to the Estatuto de los Trabajadores.
• Financial remuneration: 100% of the daily salary. The employee cannot suffer any financial penalty, loss of punctuality bonuses, or reduction in holidays for taking these leaves.
• Notice period for moving: Generally 7 days in advance, unless the collective agreement sets another period.
• Deadline to submit proof: Usually within 2 to 5 working days following the return to work.

Concrete examples with figures

To better understand how these rules apply in day-to-day work, we analyse two real practical scenarios:

Example 1: Carlos's move

Carlos works as a software developer in Madrid with a monthly salary of €2,100 gross (which equivalent to a daily salary of €70 gross). Carlos decides to move from a rented flat to a purchased property within the same city.

• Action: Carlos notifies his Human Resources department 10 days in advance by email, attaching the new purchase contract and the quote from the moving company.
• Result: Carlos enjoys 1 day of paid leave on the Friday of the move. At the end of the month, his payslip does not suffer any deduction: he receives his full €2,100. The company cannot force him to make up the 8 hours of that Friday shift on other days of the week.

Example 2: The hospitalisation of Sofía's father

Sofía resides and works in Seville. Her father, who lives in Córdoba, is admitted to hospital urgently due to a serious heart operation that requires hospitalisation for a week.

• Action: Sofía calls her supervisor first thing in the morning to inform them of the situation and travels to Córdoba. She requests a justificante de ingreso de familiar con pernocta (proof of relative's hospital admission with overnight stay) from the hospital, stating the degree of kinship (father).
• Result: Sofía is entitled to 5 consecutive days of paid leave. Upon her return, she hands in the medical certificate. During those 5 days, Sofía continues to earn her normal salary of €85 per day, totaling €425 of remuneration guaranteed by law during her absence to care for her parent.

Mistakes you must avoid

Making mistakes when requesting or justifying a paid leave can lead to serious sanctions, classified under the Estatuto de los Trabajadores as unjustified absences, which in extreme cases can lead to a fair disciplinary dismissal without compensation.

• Not requesting the relevant official proof: Believing that the employee's word or a photograph of the hospital is enough. It is mandatory to provide an official document (death certificate, proof of hospital admission issued by the medical centre, or an empadronamiento (town-hall registration) certificate/rental contract in the case of a move).
• Starting the calculation on a public holiday or rest day: If the triggering event (for example, the death) occurs on a Saturday that is a non-working day for the employee, the leave does not start counting on that Saturday, but on the Monday (the first working day). Starting the calculation early means losing real days of leave.
• Confusing the degrees of kinship: Requesting leave for the death of a biological uncle or a cousin believing it is covered by general law. If the agreement does not improve it, being absent for this reason without express authorisation from the company will be considered an unjustified absence.
• Using the leave for a different purpose: Using the moving day to go on a trip or the hospitalisation days to carry out personal errands unrelated to caring for the relative. If the company proves that the leave was used for fraudulent purposes, it can proceed with disciplinary dismissal for breach of contractual good faith.

Frequently Asked Questions (FAQ)

Can I split the 5 days of hospitalisation leave?

Yes, the jurisprudence of the Tribunal Supremo has determined that leave for the hospitalisation of a relative can be taken discontinuously as long as the triggering event persists (that is, as long as the relative remains hospitalised or in the prescribed home recovery period). It is not mandatory to take the 5 days in a row if the care needs are shared among several siblings or relatives.

Am I entitled to moving leave if I move into a room in a shared flat?

Yes, provided that this room becomes your habitual residence and you can prove it documentarily (for example, through a room sublease contract, a new internet utility contract in your name, or a change in the municipal padrón (census)). The key requirement is the relocation of the place where you habitually reside.

What happens if my relative is discharged before my 5 days of leave end?

Leave for hospitalisation or care is linked to the existence of the triggering event. If the relative is medically discharged and no longer requires certified home recovery, the reason for the leave disappears and the employee must return to their job, even if they have not exhausted the 5 days. Remaining absent without medical justification after discharge can be sanctionable.

Do registered de facto partners have the same rights as married couples for these leaves?

Yes, absolutely. Following the latest legislative reforms in Spain, parejas de hecho duly registered in the corresponding public registry of their Comunidad Autónoma or Town Hall have exactly the same rights as civil marriages regarding the granting of leave for the death, accident, or serious illness of their partner or their partner's relatives (afinidad).

In summary

• Death: Entitles to 2 days (or 4 days if travel is required) for relatives up to the second degree of consanguinidad or afinidad.
• Hospitalisation or serious illness: Grants 5 days of leave to care for relatives up to the second degree or cohabitants, regardless of geographical distance.
• Moving: Grants 1 day of paid absence exclusively for the change of the employee's habitual residence.
• Mandatory justification: All leaves must be notified in advance and justified using official documents (medical, death, or empadronamiento certificates).
• Remuneration guarantee: During these leaves, the employee receives 100% of their usual salary, without annual holidays being reduced.

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.