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Date Published: 23/04/2025

Spanish Court rules five-day family care leave doesn't end with hospital discharge

Judges say employees can use remaining leave after a relative comes home, if medical rest is still required

A new ruling from Spain’s National Court has clarified when employees can take the full five days of paid leave to care for a seriously ill or injured family member. The court confirmed that the leave does not have to end the moment a relative is discharged from hospital.

The decision follows a legal challenge brought by a major trade union in early 2024. The case centred on a company whose internal agreement limited the scope of the leave, allowing it only during the period of hospitalisation. However, the court found that this restriction contradicted national labour law.

Under Spain’s current Workers’ Statute, employees are entitled to five working days of paid leave when a close relative or live-in companion suffers a serious illness, is hospitalised, or undergoes surgery that requires rest at home. The rule was introduced in June 2023 as part of a broader effort to support work-life balance and align Spanish law with European Union directives.

The recent ruling confirms that this leave can continue beyond hospital discharge, provided the patient has been prescribed rest at home. The judges noted that rest at home also requires care and attention, which is often provided by the family member who takes time off work.

The court also referred to previous Supreme Court case law, which found that a hospital discharge “does not, in itself, terminate paid leave for the hospitalisation of family members.” This reflects a wider understanding that family care extends beyond physical presence at the hospital, and that recovery at home can still justify the employee’s absence from work.

In their legal argument, the union pointed out that limiting the leave to the hospital stay alone disproportionately affects women, who more often take on caregiving responsibilities. They said such restrictions discourage shared responsibility and reinforce inequality in the workplace. A second major union later joined the case.

Although the National Court has now issued its decision, it is not yet final. The ruling may still be appealed to the Supreme Court.

The clarification comes as many workers continue to raise questions about how and when this new type of leave can be used. For example, the five days are counted as working days, not calendar days, and do not need to be taken immediately after the medical event. If a family member is hospitalised on a Sunday, for instance, the leave would typically begin on the following Monday.

Unions and legal experts have welcomed the ruling, calling it a step forward for family care and fairness in the workplace.

Image: cottonbro studio/Pexels

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