The passing of a family member is a painful time that requires time for grief and managing practical responsibilities. To protect the worker under these difficult circumstances, the Workers’ Statute (Estatuto de los Trabajadores) in Spain establishes bereavement leave (permiso laboral por fallecimiento), guaranteeing a period of paid time off. This right is fundamental for the employee to be absent from work without fear of losing their salary.
Knowing the rights and the terms of this leave is crucial, as its duration varies depending on the degree of kinship with the deceased. In this guide, we break down the days you are entitled to, the necessary procedures, and the specific details of this paid leave.
What is Bereavement Leave and How Many Days Are You Entitled To?
Bereavement leave is a paid license (licencia retribuida) that the employer must grant the worker to manage the responsibilities and mourning arising from the death of a close family member. This permission is regulated in Article 37.3.b) of the Workers’ Statute.
The duration of the leave varies based on the kinship to the deceased:
- 2 working days (días hábiles): For the death of a spouse, unregistered domestic partner (pareja de hecho), or a relative up to the second degree of consanguinity or affinity.
- 4 working days (días hábiles): If the worker needs to travel to a different locality (desplazamiento) for the burial or associated arrangements, the leave is extended to 4 working days.
Crucial Detail: Working Days: The leave is counted in working days (días hábiles). This means that Saturdays, Sundays, and public holidays are not included in the calculation, effectively maximizing the time off work. The leave generally begins counting from the first working day immediately following the death.
Kinship Degrees (Consanguinity and Affinity)
The law covers relatives up to the second degree, encompassing:
How to Apply and Required Documentation
The process for requesting bereavement leave is straightforward and relies on prompt communication and subsequent justification:
- Immediate Communication: The worker must inform the company of the absence as soon as possible, using the fastest means (phone call, email, etc.). While no specific notice period is required, immediate communication is a practical obligation.
- Proof of Death: Subsequently, the worker must present the company with a document proving the death and the degree of kinship. Valid documents include:
- Death Certificate (Certificado de Defunción) from the Civil Registry.
- Family Book (Libro de Familia) to establish kinship.
- Justification of Travel: If the worker claims the 4 days due to travel, the justification is typically based on the distance between the worker’s residence and the locality of the burial or funeral services. Proof, such as transport tickets or a certificate from the funeral home, may be required by the employer.
The leave is paid and retributed, meaning the company must pay the corresponding salary for those days without any reduction.
Frequently Asked Questions (FAQs)
Does the 4-day travel allowance apply within the same city?
No. The extension of the leave to 4 working days only applies if the worker must travel to a different locality (localidad diferente) than their usual residence for the burial or procedures. If the death and burial occur in the same locality, the standard leave is 2 working days.
Does the bereavement leave apply to Parejas de Hecho (unregistered partners)?
Yes. Spanish labour law generally equates the rights of parejas de hecho with those of married spouses for this specific leave, meaning the same 2-day (or 4-day) permission applies.
What happens if the deceased is a third- or fourth-degree relative?
The Workers’ Statute only recognizes the leave for relatives up to the second degree. If the relative is of the third degree (e.g., uncles, aunts, nephews, or nieces), you must check the applicable Collective Bargaining Agreement (Convenio Colectivo), as many expand this right. If it is not recognized, the worker must request vacation days or unpaid leave.
Bereavement leave is a fundamental right that offers the necessary support to the worker during a moment of great emotional vulnerability. By knowing the correct rights and procedures, the process can be managed smoothly and without complications.
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