Can I choose when to take my holidays?
Not entirely: dates are agreed with the company. The Workers' Statute grants a minimum of 30 calendar days of holiday a year (collective agreements can improve this). But you don't choose them freely: the period is set by mutual agreement between company and worker, per the calendar and business needs, and you must know your dates at least 2 months in advance. Holidays can't be replaced with money (except when the contract ends, for the untaken part). If they coincide with sick leave or a leave (e.g. maternity), they're moved to other dates.
📋 The rules
- Minimum 30 calendar days a year (improvable by agreement)
- Dates by mutual agreement company-worker
- Know them 2 months in advance
- Not replaceable with money (except contract end)
- Coinciding with leave: moved to other dates
🔓 Exceptions
- The collective agreement can set more days or rules
- Company holiday shutdown: the period can be imposed
- Holidays untaken at contract end: paid out
⚠️ Penalties & fines
The company can't deprive you of your holidays: blocking them can lead to a claim and damages. Conversely, taking leave without agreement (unapproved holidays) can be an unjustified absence and be sanctioned. If there's a disagreement on dates, it's settled at the labour court by an urgent procedure. At contract end, untaken holidays are paid in the settlement.
📎 Official sources
- BOE · Workers' Statute (art. 38, holidays) →
- Ministry of Labour · Holidays and leave →
- Administración · Labour rights →
❓ Frequently asked
How many holiday days a year do I have?
At least 30 calendar days a year, which the collective agreement can improve. Holidays accrue in proportion to time worked and, generally, must be taken within the calendar year.
Can I choose my holiday dates?
Not freely. Dates are set by mutual agreement between company and worker, per the calendar and business needs, and you must know them at least 2 months in advance. In case of disagreement, the labour court decides.
Can holidays be paid instead of taken?
Not during employment: holidays must be taken, not paid out. Only at contract end is the accrued, untaken part paid in the settlement.
What if I'm on sick leave during my holidays?
If you fall ill before or during your holidays, the affected days aren't lost: you can take them on other dates once you recover, even outside the calendar year within certain limits.
Can the company shut down and impose holidays?
Yes, some companies shut down for holidays in a set period and can then impose the timing, respecting the notice. The collective agreement usually states whether the period is fixed or agreed individually.
🔎 Common searches
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