Published on March 22, 2026
Vacation and Leave Entitlements in Spain 2026: Complete Guide for Businesses
Everything you need to know about vacation, paid leave, medical leave, and work absences in Spain in 2026. Practical guide for HR managers.
Annual vacation: what the law says
The Spanish Workers' Statute (Estatuto de los Trabajadores, Article 38) guarantees every employee a minimum of 30 calendar days of vacation per year, equivalent to roughly 22 working days. This right is non-waivable: vacation cannot be compensated financially unless the employment contract is terminated. The vacation period must be agreed between employer and employee, and the employee must be informed of the dates at least 2 months in advance. Collective bargaining agreements may increase this minimum but can never reduce it. For contracts shorter than one year, vacation is calculated proportionally to the time worked. Failure to comply is classified as a serious infringement under LISOS (the Spanish Labour Infringements Act), carrying fines between €751 and €7,500 per affected worker. In 2026, with the Labour Inspectorate ramping up verification campaigns, keeping rigorous vacation records is not optional.
Paid leave: all types in 2026
Article 37.3 of the Workers' Statute establishes the paid leave entitlements every employee has without salary reduction. In 2026, following the latest reforms, the current entitlements are: marriage or registered partnership (15 calendar days); birth, hospitalization, surgery, serious accident, or death of first-degree relatives — spouse, parents, or children — (5 days, increased from 2 by Royal Decree-Law 5/2023); the same circumstances for second-degree relatives — siblings, grandparents, grandchildren — (2 days, or 4 if travel is required); moving house (1 day); unavoidable public duty such as jury service or election duty (the time required); union duties (per collective agreement); prenatal examinations and birth preparation classes (the time required); and breastfeeding of a child under 9 months (1 hour per day, which can be split into two half-hours or accumulated into full days per collective agreement). It is essential for companies to record each leave with its justification and duration, both for internal management and to demonstrate compliance during an inspection.
Parental leave, medical leave, and temporary disability
The birth and childcare leave is 16 weeks for both parents since 2021, on equal terms. The first 6 weeks are mandatory and uninterrupted after the birth or adoption resolution. The remaining 10 weeks can be taken continuously or discontinuously until the child turns 1, on a full-time or part-time basis with the employer's agreement. The benefit is 100% of the regulatory base, paid by Social Security. Regarding temporary disability (medical leave), coverage varies by cause: for common illness, the first 3 days are unpaid (unless improved by collective agreement), days 4 to 20 pay 60% of the regulatory base, and from day 21 onwards 75%. For workplace accidents or occupational diseases, the benefit is 75% from day one. Maximum duration is 365 days, extendable to 545. Throughout the leave, the employer must hold the employee's position. For companies, managing these periods correctly means recording exact dates, coordinating with Social Security, and adjusting team shifts and schedules.
Reduced hours, leaves of absence, and personal days
Beyond paid leave, Spanish law provides other absence categories. Reduced working hours for childcare allows employees to shorten their schedule (with a proportional salary reduction) for the care of children under 12 or dependent family members with disabilities or elderly relatives who cannot look after themselves. Voluntary leave of absence (excedencia voluntaria), regulated in Article 46.2 of the Workers' Statute, allows employees with at least one year of tenure to take between 4 months and 5 years off without pay, with a preferential right to return to a position of equivalent rank. Forced leave of absence — for appointment or election to public office or union roles — guarantees the same position and seniority accrual. Finally, personal days (días de asuntos propios) are not in the Workers' Statute: they depend entirely on the applicable collective bargaining agreement. They are common in the public sector (typically 2 to 6 days per year) and less frequent in the private sector. They usually require no justification but must be requested in advance. Companies must know their applicable agreement and reflect these days in their time-tracking system to avoid discrepancies in working-time records.
How to manage vacation and absences with Ficha.Work
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Summary and next steps
Spanish labor law in 2026 provides a broad framework of vacation and leave rights that every company must respect: 30 calendar days of vacation, paid leave for family and personal circumstances, 16 weeks of equal parental leave, temporary disability coverage, and options for reduced hours and leaves of absence. Non-compliance can result in fines exceeding €7,500 per worker. The key is having a system that records, manages, and documents every absence clearly and auditably. Ficha.Work lets you do this from €1 per user per month, with a 14-day free trial and no commitment. Don't wait for an inspection to get your team's vacation and leave records in order.
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