Sick leave before holidays: what should the company do?

Spanish labour regulations make it clear that the right to holiday is not lost due to sick leave. Knowing how to proceed is essential to avoid conflicts and ensure legal compliance.

Holidays are not used during medical leave

If an employee is on sick leave before starting their planned holiday, those days are not considered as taken. The holidays must be rescheduled for a later date and can be enjoyed provided that no more than 18 months have passed since the end of the year in which they were generated.

This right is established in both the Spanish Workers' Statute and the case law of the Court of Justice of the European Union.

What must the employee do?

The employee should act promptly:

• Inform the company of the IT situation as soon as possible, preferably in writing.

• Submit the medical leave report issued by the public health service or mutual insurance company within the legal period (usually 3 days).

• Not start their holiday period while on medical leave.

• Provide periodic confirmation reports and the medical discharge certificate when applicable.

• Once recovered, formally request the company to reschedule the pending holidays.

What must the company do?

The company must manage the situation responsibly and in accordance with the law:

• Register the IT status as soon as the employee notifies them.

• Treat the holidays as "suspended", and not counted as taken.

• Process the sick leave properly with Social Security or the mutual insurance entity.

• Pay the IT benefit according to applicable legislation or the collective agreement.

• Negotiate new dates for the employee to take the holidays, in good faith and considering business needs.

• Inform the employee in writing of the new holiday arrangement.

What if sick leave starts during the holiday?

Even in this scenario, the employee’s rights are protected. If the sick leave begins during the holiday period, the calculation of holiday days is interrupted from the date of the medical leave. These days can be taken later, within the 18-month limit and by agreement with the company.

At Valero Tax Legal, we advise companies on the correct handling of leave, holidays and employment relations, ensuring compliance and legal security.