Paid work permits
In the workplace, not everything always goes as planned. From personal reasons to unforeseen events that affect the operations of the workplace, these scenarios can raise questions about employees' rights regarding leave and compensation. In this article, we explain in a simple way, based on labor regulations, what rights workers have in these situations.
What does labor law say about paid leave?
The main legal framework regulating leaves and licenses in Spain is the Workers' Statute. Article 37 establishes different types of paid leave, including those for personal, family, or force majeure reasons. Furthermore, the collective bargaining agreement for each sector may expand these rights, so it is always advisable to consult it.
Permissions for reasons beyond the employee's control
When a worker cannot attend work for reasons beyond their control, such as a family emergency, illness, or even administrative reasons, they may request paid leave. Article 37.3 of the Workers' Statute states that leave for personal or family reasons, such as caring for sick children or relatives, must be paid and entitle them to retain their job.
It's important to note that, in these cases, the employee must inform their employer of the reason and, in some cases, provide the necessary documentation to justify the absence. The length of the leave will depend on the reason and the provisions of the collective bargaining agreement or labor agreement.
Situations of inoperability of the workplace or impossibility of movement
Another situation that may affect a worker's attendance is the inability to access the workplace or use the necessary traffic routes to get there, or when it is impossible to perform the activity at the workplace, in cases of force majeure.
Thus, in extraordinary situations such as the one experienced on April 28, 2025, when there was a general blackout of the electricity supply in Spain, which has paralyzed or limited the activity in all those workplaces that require it to carry out their activity, article 37.3 g) of the Workers' Statute provides for up to four days of paid leave due to the impossibility of accessing the workplace or traveling on the necessary traffic routes to get there, as a result of the recommendations, limitations or prohibitions on movement established by the competent authorities, as well as when a situation of serious and imminent risk occurs, including those arising from a catastrophe or adverse meteorological phenomenon. Once the scheduled leave days have elapsed, the leave will be extended until the circumstances justifying it disappear, without prejudice to the company's ability to suspend the employment contract or reduce working hours due to force majeure under the terms provided for in Article 47.6 of the Workers' Statute.
In these cases, if the inoperability prevents the provision of the service, the employee is entitled to their full salary, provided the cause is beyond their control and justified. The company must report the situation and, in some cases, may request a declaration of force majeure from the labor authority.
What should the worker do if he or she is affected?
If a person finds themselves in any of these situations, it is advisable to:
- Contact your company as soon as possible, explaining the reason for the absence or inability to provide the service.
- Provide the necessary documentation if required by regulations or your agreement.
- Know your specific rights under the collective bargaining agreement in case any special conditions apply.
Conclusion
Paid leave for reasons beyond the control of the employer or situations of workplace inoperability is protected by labor regulations, ensuring that employees can handle these unforeseen events without losing their pay or employment. However, it is essential to be informed and act responsibly, always communicating this information to the employer and complying with legal requirements.
In the Professional Master's Degree in HR: People Management, Talent Development, and Workforce Management at EIP International Business School, we work through these situations in a practical way so that, as a Human Resources manager, you know what to do in situations like these, with full legal support.
If you are interested in training and developing professionally in the field of human resources, you can find out about our Master in HR: People Management, Talent Development and Labor Management.
