Paid leave for family illness

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Paid leave for family illness

When a family member falls ill, has an accident or is hospitalised, employees in Spain are entitled to take time off work on full pay, but only in the cases set out by law. Here we explain which types of leave exist, when they apply and how to request them.

Download the full information note in PDF (in Spanish): click here.

1. Five days of paid leave (art. 37.3.b of the Workers’ Statute)

Employees are entitled to 5 days of paid leave when a family member is in any of these situations:

  • Serious accident or illness.
  • Hospitalisation: admission to a healthcare facility.
  • Surgery without hospitalisation requiring rest at home, for example outpatient surgery after which the doctor prescribes home rest.

Family members who give entitlement to this leave:

  • Partner: spouse or registered partner.
  • Blood relatives up to the 2nd degree: parents, children, siblings, grandparents and grandchildren.
  • Relatives by marriage up to the 2nd degree: parents-in-law, sons- and daughters-in-law, brothers- and sisters-in-law, and the spouse’s grandparents and grandchildren.
  • The registered partner’s family: their blood relatives.
  • Cohabitants: any other person living in the employee’s home who needs their effective care.

How it is taken: the leave lasts 5 days, with no extra days for travel unless the collective agreement provides for them. If the event occurs on a non-working day, the leave starts on the next working day, and while the hospitalisation or rest lasts, the days do not have to be consecutive.

The following do not give entitlement to this leave, among others: an emergency visit with same-day discharge and no admission or surgery, minor illnesses treated at home, routine medical appointments and check-ups, rest not resulting from surgery, or relatives of the third degree or beyond (uncles, aunts, cousins…) unless they live with the employee and need their care. If the situation worsens and leads to admission, surgery or a serious diagnosis, the leave can be requested from that moment by presenting the new supporting document.

2. Absence due to family force majeure (art. 37.9 of the Workers’ Statute)

This allows employees to be absent when an urgent family reason, caused by the illness or accident of a family member or cohabitant, makes their immediate presence essential, for example to take a child to the emergency room. The illness does not need to be serious and no hospitalisation is required.

  • Pay: hours of absence equivalent to 4 days per year are paid; any absence beyond that limit is unpaid.
  • Calculation: it is counted by the hour, so it can be used in fractions.

3. How and when to request it

  • Advance notice: inform your manager or HR as soon as possible through the usual channel, stating the reason, the relationship and the expected dates. In an emergency, as soon as possible.
  • Supporting document: after returning to work, within the deadline set by the company or the collective agreement. It must show the date and type of care (admission, surgery with rest, seriousness or emergency care) and does not need to show the diagnosis.
  • Proof of relationship: the family book, a registered partnership certificate or, for cohabitants, a certificate of registration at the same address may be requested.

Absences without notice or justification may be considered unjustified. If you have questions about a specific case, contact us.