The Workers’ Statute contemplates a maximum period to be able to enjoy days off
The Workers’ Statute ensures that all employees have the right to 30 days of vacation per year, an unavoidable condition for any company. Specifically, the percentage of days off that corresponds to the worker is 2.5 days of vacation for each month worked. Although it seems like a very clear and basic law, there are some situations that raise doubts about whether the days off continue to correspond to the employee or not. It’s about sick leave.
Are vacations lost if you have been on sick leave? The answer is clear: no. Neither due to illness nor due to an accident at work. Rest days that cannot be taken due to sick leave must be taken after discharge. The holidays can be taken later, but it must be borne in mind that the maximum period to take advantage of the days is 18 months from the end of the year in which the sick leave was taken.
That is why it is one of the few exceptions to be able to take the holidays corresponding to a year after that period. Another one is maternity, paternity or breastfeeding leave. In them, employees can take vacations after having enjoyed the corresponding leave. The Statute recalls that vacations cannot be paid for, that is, it is not possible to financially compensate them instead of enjoying the corresponding days.
sick leave during the holidays
In addition, if the sick leave due to illness or accident occurs during the holidays, the days off are not lost either, but rather, with the sick leave issued by the doctor, the company is obliged to stop the holidays and allow them later, according to article 38 of the Statute. In the event that the company refuses to grant the days of leave in any of the exposed cases, the worker could file a lawsuit against the company.
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