Spain’s Supreme Court (Tribunal Supremo) recently issued a landmark ruling, formally establishing that leave taken by employees for urgent family “force majeure” reasons must be paid. This decision is binding on all companies in Spain and aims to strengthen legal protections for workers’ family responsibilities.
Core of the Ruling: Emergency Family Leave Must Be Paid
According to the Supreme Court’s final decision, workers are entitled to a maximum of four working days of emergency family leave per year, which must be fully paid. The court specified that this right cannot be affected by the absence of an explicit provision in a company’s collective bargaining agreement (Convenio Colectivo). This means that regardless of internal company policies, employers are not permitted to deduct wages for such absences.
Case Background and Legal Basis
The ruling stems from a collective lawsuit filed by the unions USO, CIG, and CGT against the company Unísono Soluciones de Negocio. The company argued that since its collective agreement did not specify the leave as paid, it was not obligated to pay wages. The case progressed from the National Court (Audiencia Nacional) to the Supreme Court, which ultimately dismissed the company’s appeal.
The legal basis for the ruling is Article 37.9 of the Spanish Workers’ Statute (Estatuto de los Trabajadores), which came into effect in June 2023. This article states that a worker is entitled to “be absent from work on grounds of force majeure when necessary for urgent family reasons” and is “entitled to be paid for these hours of absence.”
Deeper Meaning: Promoting Gender Equality in the Workplace
In its judgment, the Supreme Court specifically highlighted the importance of this measure in promoting social equity. The court argued that in society, family care responsibilities often fall disproportionately on women. If such emergency leave were unpaid, it would implicitly worsen this inequality, placing greater financial strain on women during family emergencies. Therefore, ensuring this leave is paid is a crucial step towards encouraging shared family responsibilities between men and women and achieving substantive equality in the workplace.
How Workers Can Apply and Protect Their Rights
In practical terms, this ruling means that workers can apply for this leave when facing sudden family situations (such as a family member’s accident, a child’s sudden illness at school, or a parent needing emergency medical attention). The total leave amounts to four days per year and can be used on an hourly basis. To apply, workers only need to provide reasonable proof, such as a notice from a school, a medical certificate, or other relevant official documents. Unions advise that if a company refuses to pay for this time, workers have the right to take legal action to defend their rights.
