Personal Days in Spain: Are They Mandatory for Employers?

🇪🇸 Read the original in Spanish

Have you ever found yourself needing a day off to handle bureaucratic paperwork, move house, or simply rest, but didn't know if you had the right to request it? What are known in Spain as "días de asuntos propios" (personal days) or "días de libre disposición" (discretionary days off) are among the concepts that generate the most doubts in offices and workplaces across the country. There is a common misconception that this is a universal, non-negotiable right for any worker simply by virtue of being employed. However, the legal reality is much more complex and depends directly on sector-specific regulations. In this article, we analyze in depth what Spanish legislation says, whether these days are truly mandatory for companies, and how you must request them to avoid penalties or misunderstandings.

What exactly are personal days?

Personal days (días de asuntos propios) are non-working days that an employee can take to attend to personal matters that do not necessarily require urgent medical or legal justification. Unlike annual leave (vacaciones), which is planned in advance and is intended for physical and mental rest, personal days offer immediate flexibility to resolve unexpected events or carry out daily life tasks.

The key to these days lies in the absence of mandatory justification. While an employee must provide a medical certificate for leave due to a family member's hospitalization, a personal day only requires the employee's request, provided that the established limits and notice periods are respected.

The legal framework in Spain: Are they mandatory by law?

To answer whether personal days are mandatory, we must first look at 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 (the Royal Legislative Decree approving the recast text of the Workers' Statute Act, hereinafter referred to as the Estatuto de los Trabajadores or ET).

The silence of the Workers' Statute

The legal answer is clear: *the Estatuto de los Trabajadores does not recognize, as a general rule, the right to personal days*.

If we look at *Article 37.3 of the Estatuto de los Trabajadores**, which regulates paid leave (permisos retribuidos for marriage, birth, death of family members, moving house, fulfilling an unavoidable public duty, etc.), we will see that there is no mention of "personal days" (asuntos propios) or "discretionary days" (libre disposición*).

Therefore, by general law, the company is not obliged to grant personal days.

The crucial role of Collective Bargaining Agreements

Does this mean that no one has a right to them? Absolutely not. The Estatuto de los Trabajadores itself defers the regulation of working conditions to collective bargaining. This is where the true strength of this right lies:

1. *The applicable Collective Bargaining Agreement (Convenio Colectivo): The vast majority of collective agreements (whether national, regional, provincial, or company-specific) do include and regulate personal days. If your agreement includes them, they become mandatory for the company to grant*.
2. The employment contract: If the applicable collective agreement does not mention them, but they have been individually agreed upon in the employment contract between the employer and the employee, the company will be obliged to grant them under the principle of pacta sunt servanda (agreements must be kept).
3. *The more beneficial condition (condición más beneficiosa)*: If a company has repeatedly and habitually granted these days over the years, this right may have consolidated into a "more beneficial condition," meaning the employer cannot unilaterally withdraw it.

The special case of public servants

It is important to differentiate between the private sector and the public sector. For civil servants and public administration staff in Spain, these days are popularly known as "moscosos" (named after Javier Moscoso, the minister who approved them in 1983).

This right is fully recognized by law for the public sector through Article 48.k) of Real Decreto Legislativo 5/2015, de 30 de octubre, por el que se aprueba el texto refundido de la Ley del Estatuto Básico del Empleado Público (EBEP) (Basic Statute of Public Employees), which establishes a minimum of 6 days of personal leave per year, which can be increased based on seniority (trienios / three-year increments).

Are they paid or unpaid?

This is another major point of confusion in Spanish labor law. The answer depends exclusively on what the applicable Convenio Colectivo dictates:

• *Paid personal days (asuntos propios retribuidos)*: The employee enjoys the day off and receives their full salary, just as if they had gone to work. They are under no obligation to make up the unworked hours at another time.
• *Unpaid personal days (licencias sin sueldo): The employee can take the day off, but the company will deduct the proportional part of that day's salary from their payslip (nómina*), as well as the corresponding Social Security contribution (although the obligation to contribute on minimum bases remains).
• *Make-up days (días recuperables): The agreement may state that the employee has the right to take the day off, but they must make up the 8 hours* of work (or those corresponding to their shift) throughout the year, by prior agreement with the company.

Practical steps: How to request your days step-by-step

If your Convenio Colectivo or employment contract includes personal days, you must follow a formal procedure to prevent your absence from being considered an unjustified abandonment of your post, which could lead to a serious sanction or disciplinary dismissal under *Article 54 of the Estatuto de los Trabajadores***.

Follow these steps to submit your request correctly:

1. Check your Collective Bargaining Agreement: Locate the convenio applicable to your sector and province. Look for the article relating to "Permits" (Permisos), "Leave" (Licencias), or "Working Time" (Tiempo de trabajo) to check how many days you are entitled to, whether they are paid, and how far in advance you must request them.
2. Calculate the required notice period: Most agreements require a minimum notice period (for example, 3 days, 5 days, or 7 days in advance). Respect this deadline scrupulously.
3. Submit the request in writing: Although in some companies this is managed through internal HR portals, it is always advisable to have written proof (email or a signed document). It should include:

• Your personal details and job position.
• The exact date on which you wish to take the day off.
• A reference to the article of the collective agreement that grants you this right.

1. Wait for the company's response: Simply requesting the day does not mean it is automatically granted. The company has the right to deny it for justified organizational or production reasons (for example, if it coincides with a peak workload period or if too many colleagues have requested the same day).
2. Obtain written confirmation: Do not absent yourself from your post without having express confirmation (in writing or via a digital platform) of the leave approval.

Deadlines, amounts, and key figures you should know

To navigate the workplace with confidence, it is essential to understand the standard figures and deadlines that govern these permits in Spain:

• Typical number of days: Collective agreements usually grant between 2 and 6 personal days per year.
• Standard notice period: This usually ranges between 3 and 15 days in advance, except in cases of fuerza mayor (force majeure) or sudden emergency.
• Expiry date: As a general rule, personal days expire on December 31 of each calendar year. If you do not use them, you lose them; they do not accumulate for the following year nor are they financially compensated, unless the agreement states otherwise.
• *Proportional calculation (prorrateo): If you join the company mid-year (for example, on July 1), you will only be entitled to the proportional part of the personal days (if the agreement grants 4 days a year, you will be entitled to 2 days* for the remainder of the semester).
• Salary deduction (if unpaid): If you request an unpaid personal day and your monthly base salary is €1,500 (for a 30-day month), the gross deduction on your payslip for that day will be €50, in addition to the impact on the proportional part of your extra payments (pagas extraordinarias) if these are not prorated monthly.

Practical and numerical examples

To illustrate how these rules apply in daily working life, we analyze two very common scenarios.

Example 1: Carlos and the Offices and Desks Agreement

Carlos works as an administrative assistant in Madrid under the Convenio Colectivo de Oficinas y Despachos (Offices and Desks Collective Agreement). This agreement establishes that workers have 2 paid, non-recoverable personal days per year. His monthly salary is €1,800 gross.

Carlos needs May 14 off to move flat, which does not fall under the standard leave of the Estatuto de los Trabajadores (as it is a room move in a shared flat and not a complete change of primary residence).

• Procedure: Carlos requests the day on May 5 (with 9 days notice, complying with the agreement's notice period).
• Result: The company approves the request. Carlos enjoys his day off on May 14. At the end of the month, he receives his full payslip of €1,800 gross. He does not have to make up the 8 hours of that shift or justify what he did during that day.

Example 2: Elena and joining mid-year

Elena is hired as a shop assistant in a clothing store on October 1 with an indefinite contract. The applicable retail collective agreement grants 4 paid personal days per year. Her salary is €1,200 per month.

• Calculation of proportional days: Since Elena is only going to work 3 months of that calendar year (October, November, and December), the proportion is calculated as follows:

$$\text{Days entitled} = \frac{4 \text{ days}}{12 \text{ months}} \times 3 \text{ months} = 1 \text{ day}$$

• Result: Elena is only entitled to request 1 personal day before December 31. If she requests 2 days, the company can deny the second day or grant it as unpaid leave, which would cost her a €40 deduction on her payslip for that month ($\frac{\text{€1,200}}{30 \text{ days}} = \text{€40}$).

Mistakes you must avoid

Making mistakes when requesting or managing these days can lead to serious disciplinary consequences. Always avoid the following errors:

• Taking the day off without express authorization: The biggest mistake is assuming that because you submitted the request with the correct notice, the day is automatically granted. If the company has not replied or has denied the request for justified organizational reasons, absenting yourself will be considered an unjustified absence, which can lead to suspensions without pay or, in repeated cases, dismissal.
• Not checking the expiry date: Waiting until the end of December to request all accumulated days usually ends in conflict. Companies can legitimately deny them if they coincide with the year-end closing or Christmas campaigns, meaning the worker loses the right to take them.
• Trying to add them to annual leave: Many collective agreements expressly forbid linking personal days to annual holiday periods (such as summer, Easter, or Christmas) to avoid staff shortages. Always check the limitations of your agreement.
• Not demanding written confirmation: Verbal agreements can be easily forgotten. If your supervisor grants you the day verbally but there is later a staffing issue, you could face disciplinary proceedings for unjustified absence. Always keep a digital or physical record of the approval.

Frequently Asked Questions (FAQ)

Do I get paid for unused personal days if I am dismissed?

No. Unlike unused annual leave, which must be paid out and contributed for in the settlement (finiquito) at the end of the employment relationship (according to established Supreme Court doctrine), personal days are not financially compensated if they have not been taken before dismissal or voluntary resignation, unless the Convenio Colectivo expressly states otherwise.

Can the company deny me a personal day?

Yes. The right to enjoy these days is not absolute. The company can deny the request by citing organizational, technical, or production reasons (for example, if it coincides with a peak business period or if a high percentage of the workforce is already on sick leave or holiday on that same day). However, the refusal must be justified and reasonable, not arbitrary.

Do I have to provide proof of what I did during that day?

No. This is the main characteristic of personal days or discretionary days off. The worker is under no obligation to explain to the company what they will use that time for, nor do they need to provide invoices, medical appointments, or travel tickets.

If I am on medical leave (IT), do I lose that year's personal days?

Yes, as a general rule. If you are on Temporary Disability (Incapacidad Temporal or IT) and the calendar year ends, any personal days you were unable to take are lost. Unlike annual leave, which can be taken after receiving medical clearance even if the calendar year has changed (according to *Article 38.3 of the Estatuto de los Trabajadores***), personal days do not enjoy this legal carry-over protection, unless your sector's collective agreement states otherwise.

Summary

• Personal days *are not regulated in the Estatuto de los Trabajadores***, meaning they are not mandatory by general law in the private sector.
• Their mandatory nature, number of days, and conditions depend exclusively on what is established in the applicable *Collective Bargaining Agreement (Convenio Colectivo)* or in the employment contract.
• They can be paid or unpaid (with a salary deduction), depending on the collective rules of your sector.
• It is mandatory to request them respecting the notice periods and to wait for the express authorization of the company before taking the day off.
• Barring very specific exceptions in collective agreements, these days expire on December 31 of the current year and do not accumulate or get paid out in the final settlement if not used.

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.