Understanding PTO Reports in Spain
Starting a job in Spain involves familiarizing yourself with various employment laws, including how Paid Time Off (PTO) works. This blog is designed to help both employees and employers understand the essentials of PTO in Spain, covering annual leave, public holidays, and the procedures for reporting and taking leave.
How PTO is counted in Spain
In Spain, PTO is called annual leave (vacaciones anuales). The way this is calculated depends on national legislation, regional laws, and collective agreements.
Annual leave (Vacaciones anuales)
Employees in Spain are legally entitled to a minimum of 30 calendar days of paid leave per year, which typically includes weekends. This is the minimum mandated by Spanish labour law, but many companies may offer additional paid days off through collective agreements or company policies.
- Calendar days (días naturales) include weekends and public holidays.
- Business days (días hábiles) exclude weekends and public holidays, meaning that if a company offers leave based on business days, the time off could be longer than the 30 calendar days.
Employees accumulate their annual leave proportionally throughout the year. If they don’t use their leave, it typically expires at the end of the year, although some companies allow carryover into the first few months of the following year, especially if an employee couldn’t take time off due to illness or other exceptional circumstances.
Public holidays (Días festivos)
In addition to annual leave, Spain observes a number of public holidays each year. These vary depending on the region and municipality, with some holidays being national and others specific to a particular area. Employees are entitled to these public holidays in addition to their annual leave.
In some cases, if a public holiday falls on a weekend, regional governments may allow it to be moved to the following Monday, but this varies by region.
How many PTO days can an employee get?
- Annual Leave: By law, employees in Spain are entitled to 30 calendar days of paid leave per year. This equates to approximately 22 business days if weekends and public holidays are excluded.
- Public Holidays: Spain has a combination of national, regional, and local public holidays. National holidays typically range from 8 to 12 days per year, depending on the region.
The reference period for PTOs
The reference period for accruing annual leave in Spain is typically based on the calendar year. Employees begin to accrue their PTO from the day they start their employment. It’s important to note that leave is usually granted proportionally based on the number of months worked during the calendar year.
For example, if an employee works for six months, they are entitled to 15 calendar days of paid leave (half of the 30-day entitlement). If an employee hasn’t taken their leave by the end of the year, many companies will allow them to carry it over into the first few months of the following year, particularly in cases where leave wasn’t taken due to illness or other extraordinary circumstances.
Public holidays are determined annually by regional governments and cannot be carried over. Employees must use these days within the calendar year.
How can employees take PTO?
The timing of PTO in Spain is influenced by the company’s collective bargaining agreement (CBA) or specific company policies. In general, employees have the flexibility to choose when to take their annual leave, but employers may impose restrictions based on business needs. It is common for companies to require employees to take part of their leave during the summer or other slower business periods.
The timing of the leave should be agreed upon between the employer and the employee, considering both the employee’s preferences and the company’s operational requirements. Public holidays, on the other hand, are fixed by law and cannot be changed or postponed. If an employee is required to work on a public holiday, they are typically entitled to additional pay or compensatory time off.
How to report PTO to your employer?
In Spain, the process for requesting and reporting PTO is generally as follows:
- Check your CBA: The collective bargaining agreement (CBA) or company policies will outline the specific rules around how and when you can take your PTO. Different sectors may have different provisions regarding the accumulation and use of PTO.
- Request in advance: Most companies require employees to request their leave well in advance. In Spain, it’s typical for leave requests to be submitted several months ahead, especially during busy vacation periods like summer or around major holidays.
- Formal approval: Always ensure you receive formal approval from your employer before taking time off. This can usually be done through the company’s HR system or by submitting a written request.
- Document your leave: Keep a personal record of your approved leave to avoid any discrepancies or misunderstandings. Companies typically provide regular updates on the status of your accrued leave.
- Plan around business needs: Employers have the right to deny leave requests if they interfere with the company’s operations. For this reason, employees are encouraged to plan their time off in coordination with their team and during slower business periods.
Need help understanding PTO in Spain?
Understanding how PTO works in Spain is crucial for both employees and employers. With 30 calendar days of annual leave and numerous public holidays, Spain offers a generous PTO system compared to many other countries. However, navigating these regulations can sometimes be tricky, particularly when it comes to collective agreements and regional holiday variations.
If you have questions or need further clarification about PTO in Spain, our HR consultants are here to assist you. Whether you’re an employee looking to understand your leave entitlements or an employer seeking to ensure compliance with Spanish labour regulations, feel free to reach out.
Contact us today, and one of our experienced HR professionals will help you navigate the complexities of PTO and other HR matters.
