Working days and holidays in Spain: the complete guide for businesses and professionals

How many holiday days are there per month worked?

The article 38th of December Workers' Statute (Royal Legislative Decree 2/2015) The minimum legal paid holidays in Spain are 30 calendar days per year. 30 calendar days per year worked, equivalent to approximately 22 working days.

Reference	Days
Calendar days (statutory minimum)	30
Equivalent working days	22
Days generated per month worked (calendar)	2,5
Days accrued per month worked (working days)	1,83

The law marks the minimum, however, collective agreements can increase this number. According to data from the Ministry of Labour, Article 45% of the collective agreements permits accumulations in excess of the legal minimum. Whenever there is any doubt, reference should be made to the collective agreement applicable to the sector and, if there is no specific clause, to the individual contract.

Difference between working days and calendar days 

Calendar days refer to every day of the calendar: Mondays, Saturdays, Sundays and public holidays. Working days only include days on which work is actually carried out (usually Monday to Friday). If your company or collective agreement uses working days, it is standard practice to have 22 working days per year.

Further details:

With calendar days (30 days/year)

• Every day of the calendar is counted.
• If the first day of the holiday is a Monday, the count starts on that Monday and includes Saturdays, Sundays and public holidays.
• Example: Requesting leave from 1 to 15 August covers exactly 15 calendar days, even if there is a public holiday during that period.

Excluding public holidays (22 days per year)

• Only the days on which the worker should have worked are counted.
• A long weekend or public holiday that falls during the holiday period is not deducted from the balance.
• Example: Requesting a week of holiday from Monday to Friday only consumes 5 working days, regardless of whether there is a bank holiday in between.

When can holidays be enjoyed?

The company-worker agreement

The enjoyment period must be agreed by law between the company and the employee and regulated through a holiday policy. If no agreement is reached, the employee may bring a claim before the Employment Tribunal.

Holiday policies should regulate:

• Rotating shifts (to ensure that everyone can enjoy the busiest periods)
• Business closures on specific dates (Christmas, August, etc.)
• Priority criteria when there is a conflict of dates between colleagues
  
  

The calendar year as the deadline for taking holiday leave

Holidays generated in a year must be enjoyed within that calendar year (From 1 January to 31 December). If they are not taken before 31 December, they are lost. Some agreements allow them to be carried over to the first quarter of the following year, but this must be expressly stated.

Important exception: if a sick note, motherhood, fatherhood or any other temporary incapacity coincides with the holiday period, the worker has the right to enjoy those days once the leave has ended, although the calendar year has ended, providing that no more than 18 months from the end of the year in which they originated.

ExampleIf a professional could not enjoy their 2024 holiday due to being on leave, they can take it until June 2026.

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Special cases and exceptions you should be aware of regarding holidays

Sick leave during holidays

Holidays are incompatible with sick leaveIf you fall ill during your holiday, you can reclaim those days. The Court of Justice of the European Union and Spanish case law confirm this. It is perfectly legal to take your holidays immediately after being discharged from hospital, without needing to return to work first.

Part-time contracts

Part-time workers are entitled to same 30 calendar days (or 22 working days) on holiday that full-time workers. What varies is the remuneration of those days, which is proportionally adjusted to the salary earned.

ERTE and holidays

During the time in ERTE suspension, the contract is suspended and Holidays are not generated. Upon reactivation of the contract, holidays are calculated in proportion to the months effectively worked.

Example: A worker on a temporary layoff scheme from January to June goes from being entitled to 22 days to approximately 9.5 working days for the year.

Holidays at the end of the contract

If the contract ends before all accrued days have been taken, the company is obliged to include in the I settle the corresponding amount. to those unspoken holiday days.

Company holiday obligations

Companies have clear responsibilities that go beyond approving applications:

1. Plan and communicate the holiday calendar at least two months in advance.
2. Inform to each worker about their available balance before the end of the year.
3. Guarantee so that workers can enjoy their holidays (they cannot unreasonably prevent it).
4. Keep a record Updated on days enjoyed and outstanding.
5. Include in severance agreement days accrued and not taken if the contract ends.

Holiday management in the company: best practices for HR

Effective holiday management balances an employee’s right to rest with the company’s operational needs. Some key points:

• Publish the calendar before the beginning of the year: The sooner the available dates are communicated, the fewer conflicts there will be.
• Establish clear holiday policies: Whether by seniority, annual rotation or first-come, first-served request, let everyone know the criteria.
• Limit the maximum number of simultaneous absences by department to avoid compromising operations.
• Use digital tools: Manual Excel spreadsheets generate errors. Management software automates calculations, controls balances, and facilitates online approval.
• Remind employees of their outstanding days before 30 November to avoid problematic buildups in December.
• Manage the Flexible remuneration explaining their relationship with working days and holidays: A common question among employees and companies is whether the Ticket Restaurant is generated during holiday days. The answer is no: the Ticket Restaurant This is linked to actual working days, so during holidays no cheques or credit are issued. This means that when planning your holidays, it's advisable to keep this in mind to avoid losing out on benefits: the more working days you have in a month, the more Ticket Restaurant you generate.
  
  

Holiday policy: what it should include

A well-defined holiday policy should include:

• Calculation base (calendar days vs. working days)
• Application procedure and minimum notice period
• Prioritisation criteria in the event of conflict
• Treatment of untaken holidays
• Management of special situations (sickness, maternity, temporary employment adjustment schemes)

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