The Social Chamber of the Supreme Court of Spain has issued a final verdict clarifying the rules for granting paid leave. The judges confirmed that such leave must be calculated strictly in working days, not calendar days. This decision resolves numerous disputes and differing interpretations, reinforces the position previously taken by the National Court, and sets an important precedent for labor relations across the country.
The highest judicial body firmly adheres to the logic that the purpose of paid leave is to relieve an employee from work duties on days they would otherwise be required to work. The goal is to allow a person to care for a sick relative, attend a funeral, or handle other urgent family matters without losing pay. Therefore, including weekends or public holidays—when the employee is not scheduled to work anyway—would undermine the very essence of this right and defeat its purpose.
This ruling stems directly from the review of the collective agreement in the contact center sector. That document stated that days off were to be counted as ‘calendar days’, which in practice infringed on workers’ rights. This provision has now been declared invalid. The court reminded that collective agreements may only improve upon the minimum guarantees established by the Workers’ Statute, but in no case diminish them. As a result, the decision of the National Court was fully upheld and is now mandatory for enforcement.
Representatives of the USO union, which initiated the legal proceedings, emphasized that this is a victory not just for contact center workers. The Supreme Court’s decision sets a general precedent that applies to all sectors and collective agreements in Spain. This creates legal certainty and protects workers from unfair interpretations of labor laws by employers.
Maria Eugenia Moreno, the union’s legal advisor who handled the case, highlighted the Supreme Court’s exceptionally high legal standards and the clarity with which it addressed this complex issue. The case involved intersections between the Workers’ Statute, provisions of collective bargaining agreements, and the European directive on work-life balance. “This ruling strengthens legal certainty, consolidates established case law, and lays down the only correct interpretation of Article 37.3 of the Workers’ Statute,” Moreno stated. According to her, this is a significant step forward in protecting labor rights and achieving true equality.
Recall that the original ruling from the National Court was issued in January 2024. It upheld the unions’ lawsuit regarding the collective agreement for contact centers, which had been signed before Royal Decree-Law 5/2023 came into effect. The Association of Customer Service Companies (CEX) filed a cassation appeal to the Supreme Court, but it was dismissed, with the lower court’s decision being affirmed and entering into legal force.
Incidentally, the system of paid leave (permisos retribuidos) in Spain is an important social guarantee for employees. It is regulated by Article 37 of the Workers’ Statute and was expanded by Royal Decree-Law 5/2023. This law, in particular, established the right to five working days of leave in the event of serious illness, accident, or hospitalization of a spouse, partner, or close relative. Employees are also entitled to two days in the event of the death of a relative (which may be extended to four days if travel is required). This right allows employees to address urgent family matters without financial loss, while retaining their job and salary.
