The Supreme Court confirms that leave for family force majeure is always paid

 

The Social Chamber of the Supreme Court has issued a key ruling for work-life balance in Spain. In its resolution of April 17,2026, the high court establishes that the leave for family force majeure regulated in article 37.9 of the Workers' Statute must be paid as a mandatory requirement.

This means that any worker who needs to be absent due to an urgent and essential situation related to family members will have the right to continue receiving their salary, even if the collective agreement of their company does not expressly include this leave.

The Supreme Court's decision aims to adapt Spanish legislation to the European directive on conciliation, reinforcing equality and family responsibility. In addition, it eliminates contradictory interpretations that until now generated doubts in many companies and human resources departments.

The regulations recognize up to four days per year for this type of absences. Although collective bargaining can regulate organizational or justification aspects, it cannot eliminate the paid nature of the leave.

This right is intended for unforeseen situations where the immediate presence of the worker is essential, such as medical emergencies involving children, parents, or dependent family members.

For companies, self-employed workers, and SMEs, the ruling provides greater legal certainty and helps reduce labor conflicts related to the management of leaves and conciliation.

The Supreme Court ruling represents a significant advance in labor rights and family conciliation. It is now clear that leave for family force majeure must always be paid, regardless of what the collective agreement states. This ruling provides legal clarity and protects workers in urgent family situations without implying an economic loss.