Must the cause of paid leave due to serious illness or hospitalization be justified for its entire duration?

A recent ruling clarifies the interpretation of the paid leave of 5 working days regulated in article 37.3.b of the Workers' Statute. This case of collective conflict, which affects several workplaces in the province of Andalusia, highlights that permission has a strictly causal nature.

The court ruling highlights that, in addition to the initial justification when starting the leave, it is necessary to prove the cause throughout its duration, especially when the enjoyment of the leave is interrupted by non-working days. In this way, it is guaranteed that the permit continues to fulfill its purpose of addressing specific and real needs.

What is the reason for the conflict?

The conflict consists of determining whether it is necessary to justify the cause of paid leave due to serious illness or hospitalization on a continuous basis, that is, whether the cause must be proven not only at the beginning of the leave, but also throughout its enjoyment, especially when it is interrupted by non-working days.

What does article 37 of the ET establish?

Allows workers to be absent for up to 5 days with the right to remuneration in the following cases:

• Accident or serious illness.
• Hospitalization or surgical intervention requiring home rest.
• To care for the spouse, common-law partner, relatives up to the second degree or cohabitants who need effective care.

The permit is conditional on the prior request and the justification of the cause that motivates it.

What was the defendant company demanding?

The defendant company requested the following:

1. Justification of the cause prior notice and at the beginning of the 5-day permit.
2. Additional justification if the leave was interrupted for non-working days. That is, if a worker requested leave on a workday and it was interrupted for the weekend, the worker must prove again that the person in question is still hospitalized or requires home rest when resuming the leave.

Was the conflict submitted to the Joint Commission of the agreement?

Yes, but no agreement was reached at the March 20, 2024 meeting.

What does the jurisprudence say about this permission?

To resolve the case, the Superior Court of Justice of Andalusia relies on the unified jurisprudence of the Supreme Court (rulings of 07/12/2018, 03/17/2020 and 01/14/2021):

• It is a permit to address situations of need and conciliation.
• It can be enjoyed for up to a maximum of 5 days as long as the cause persists.
• It cannot be used for outside purposes, such as leisure or personal affairs, as this could be considered fraud or abuse of rights.

How does the TSJ of Andalusia interpret the enjoyment of paid leave?

According to the TSJ of Andalusia, paid leave is causal or finalist, linked to the need for care that originates it. Therefore:

• The worker must justify the cause during the entire period of the permit.
• If the cause no longer exists, the permit cannot continue.

What is the judicial decision in this specific case?

The demand raised by several unions is dismissed for several reasons:

• The company's requirement to justify the cause when restarting the permit after interruptions is in accordance with the law.
• The length of the permit is linked to the continuity of the cause that justifies it.
• There is no violation of any legal regulation by the company. The company's requirement to justify the cause for restarting the permit after the interruption is in accordance with the law.

The Court concludes which proceeds reject the claim finally formulated by the plaintiff in the trial, since this means separating the enjoyment of the maximum duration of the leave from the cause that justifies it, since although it is true that, in accordance with the jurisprudential doctrine referred to, the cause that gives reason for the paid leave must be understood in an expansive and flexible sense, this does not prevent the worker from having to justify the concurrence of the cause during the entire period of enjoyment of the leave. permit, especially in cases such as the present case in which said justification is only required by the company when the enjoyment has been interrupted during non-working days, requiring justification to restart the activity after the end of said non-working days.