Marriage is a moment of celebration, but it also has important implications for an employee’s working life in Spain. The wedding leave (permiso por matrimonio) is a recognized right under the Workers’ Statute (Estatuto de los Trabajadores), guaranteeing the employee a period of paid time off to enjoy their union and the associated preparations.
It is fundamental that both the worker and the company know the rights and obligations that this leave entails. Below, we explain in detail the requirements, duration, and necessary steps to request your paid wedding leave.
What is Wedding Leave and How Many Days Are You Entitled To?
Wedding leave is a paid license (licencia retribuida) that the employer must grant the worker when they get married. This right is regulated in Article 37.3.a) of the Workers’ Statute.
- Duration: The law establishes that the worker is entitled to 15 calendar days (días naturales) of paid leave for marriage.
- Calendar Days: It is important to stress that this means calendar days, which include weekends and public holidays (festivos).
- Start Date (Key Interpretation): The general rule is that the leave starts on the day of the wedding. However, based on consolidated jurisprudence from the Supreme Court, if the wedding takes place on a non-working day (e.g., Saturday or Sunday), the 15-day period should begin on the first working day immediately following the ceremony, unless the collective agreement establishes otherwise.
Practical Example: If your wedding is on a Saturday, and your workplace is closed on weekends, your 15-day paid leave should start the following Monday, maximizing your paid absence from work.
Who is Granted the Leave and What are the Requirements?
The wedding leave is granted to all employed workers (trabajadores por cuenta ajena) subject to the Workers’ Statute, regardless of the type of contract (permanent, temporary, part-time, etc.).
The requirements for requesting the leave are straightforward:
- Be an Employed Worker: Subject to the Spanish Labour Law.
- Valid Contract: Have a valid employment contract at the time of the marriage.
- Sufficient Notice: Notify the company in advance.
- Proof: Provide proof of the marriage (Certificate of Marriage or Libro de Familia). The permission is granted for each marriage, meaning the worker is entitled to the leave again if they remarry.
The Case of Unregistered Domestic Partnerships (Parejas de Hecho)
The right to wedding leave is not included in the Workers’ Statute for Parejas de Hecho (unregistered domestic partnerships).
- Check the Collective Agreement: It is crucial to review the applicable Collective Bargaining Agreement (Convenio Colectivo). Many industry or company agreements do expressly equate the registration of a pareja de hecho with marriage and grant the 15-day paid leave.
- If Not Covered: If the collective agreement does not explicitly include parejas de hecho, the worker does not have a statutory right to this paid leave. They may request holidays or unpaid leave, but these days will not be remunerated as wedding leave.
How to Apply and the Formal Steps
The process for requesting paid wedding leave is simple and relies on good communication with your employer:
- Notify the Company in Advance: You must inform the employer of your intention to take the leave. Although the law does not specify an exact period, communicating it at least two weeks in advance is highly recommended to allow the company to organize coverage. The notification should be in writing (email or letter), stating the wedding date and the start date of the requested leave.
- Provide Proof: Once the marriage has taken place, the worker must present the Certificate of Marriage (Certificado de Matrimonio) or the Libro de Familia as justification to the company.
The leave is paid and retributed, meaning the worker’s salary will not be reduced during the 15 days. The company must pay the corresponding salary as if the worker had worked normally.
Wedding leave is a consolidated right in the Spanish labour landscape that allows workers to celebrate one of the most important moments of their lives without losing salary. By knowing the regulation and following the correct steps, the process is fast and uncomplicated.
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