In Spain, The Government approved a law that guarantees workers leave due to inclement weather. Up to four days of paid absence are contemplated when extreme weather conditions prevent them from going to work. The measure came into force as of today with its publication in the Official State Gazette (BOE), and was approved by the Council of Ministers after the floods due to the Isolated Depression at High Levels (DANA) registered in Valencia at the end of October.
During last month’s phenomenon, numerous companies asked their employees to report to work despite the red alert issued by the National Meteorological Agency (AEMET). The companies, which ended up at the center of controversy for putting the safety of their workers at risk, alleged that they had not received emergency notices from the authorities in time and that “they had not been given clear instructions on how to act.” The new paid climate leave system is modeled after Canadian legislation; This country being the first in the world to introduce justified absences as a measure to protect workers during climate emergencies in 2021.
How does the permit work?
The climate permit mechanism is based on alerts from civil protection authorities: when a meteorological emergency is declared that makes traveling dangerous, workers have the right and duty to protect themselves at home. In these situations, the first solution is to work remotely; those who do not need to travel to an office should automatically go virtual.
Weather leave is a last resort and only applies when the emergency makes it impossible to work from home. This can occur in two circumstances: when meteorological phenomena compromise essential services such as electricity and internet connection, or when the type of task cannot be carried out remotely because by its nature it requires being in person. If so, The worker has the right to a maximum of four days of paid leavewith the guarantee of the law against possible refusals from companies.
The system also provides solutions for prolonged emergencies. If the critical situation extends beyond four days, companies can choose between including employees in existing emergency work procedures or extending the leave period and contributing to pay. This flexibility is necessary, taking into account that the Spanish Ministry of Economy estimates that the cost of extreme weather events could double between now and 2050. A forecast that requires a structural rethinking of the organization of work.
The Spanish State Meteorological Agency warns that there is “a wide uncertainty” regarding the possible consequences of the new DANA.
Obligations for companies
The new Spanish law not only establishes the permits for inclement weatherbut also redesigns companies’ security obligations. All Spanish companies have twelve months to develop specific plans for the prevention of disasters and adverse weather phenomena. These are not standard protocols: each company will have to develop procedures adapted to its sector and its specific activities.
The risks vary significantly depending on the type of work. “Climate risks are not the same for a worker in a construction company or who works outdoors as for a worker who works in an infirmary or in a library,” explained the Minister of Labor, Yolanda Díaz, in an interview with the TVE channel cited by Euronews. Therefore, companies will have to develop detailed protocols that take into account the peculiarities of each task.
The law also introduces new reporting obligations: In the event of an alert due to serious and imminent risk, companies must inform workers without delay of the safety measures to be adopted and, if necessary, order the immediate suspension of activities until the danger has passed.
Article originally published in WIRED Italy. Adapted by Alondra Flores.
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