In Spain, employees are entitled to a statutory minimum of 30 calendar days of paid annual leave per year (vacaciones) under the Workers' Statute (Estatuto de los Trabajadores). This is roughly equivalent to 22 working days on a Monday-to-Friday schedule. Collective bargaining agreements (convenios colectivos) may grant additional days.

Statutory entitlement

30 calendar days per year (approximately 22 working days for a Monday–Friday schedule). Pro-rated for partial years.

Eligibility

All employees accrue annual leave from the first day of work, with no minimum service requirement. Pro-rata accrual applies for partial years.

Employer obligations

  • Provide at least 30 calendar days of paid leave per year, agreed in advance with the employee or their representatives.
  • Publish the company holiday calendar at least two months before the leave is taken.
  • Pay leave at the employee's normal salary including regular complements and an averaged variable element.
  • Allow employees on maternity, paternity, or long-term sick leave to take their accrued leave at a later date, even outside the leave year.
  • Pay accrued, untaken leave on termination of employment.

Employee rights

  • Right to know the dates of leave at least two months in advance.
  • Right to challenge the assigned dates before the social courts within 20 working days.
  • Right to take leave that overlapped with maternity, paternity, or temporary incapacity at a later date.
  • Right to be paid in lieu only on termination — leave cannot be substituted by money during employment.

Common pitfalls

  • Calculating leave in working days when the statute uses calendar days — 30 calendar days is approximately 22 working days, not 30 working days.
  • Failing to recalculate leave when sickness or maternity overlaps with planned holiday.
  • Not publishing the holiday calendar two months in advance, exposing the employer to social court challenges.
  • Excluding regular bonuses, productivity payments, or commission from holiday pay.

Calendar days vs working days

Spanish law sets the minimum at 30 calendar days, including weekends and public holidays that fall within the leave period. For an employee on a five-day week, this works out to approximately 22 working days of time off. Many convenios colectivos express the entitlement in working days for clarity.

When leave can be taken

The timing is agreed between employer and employee, normally per the collective agreement or company calendar. Disputes are resolved by the Juzgado de lo Social on an expedited basis. Leave generally cannot be carried over beyond 31 December of the leave year unless overlap with sickness, maternity, paternity, or breastfeeding leave applies.

Holiday pay and the Lock judgment

Holiday pay must reflect the employee's normal remuneration, including regular bonuses, commission, and productivity payments — not just base salary — following the EU Lock case law adopted by Spanish jurisprudence.

Frequently asked questions

How many holiday days do employees get in Spain?

The statutory minimum is 30 calendar days (approximately 22 working days) of paid leave per year. Many collective agreements grant additional days.

Can I carry over unused holiday in Spain?

Leave generally must be taken within the calendar year. Exceptions apply where overlap with sickness, maternity, paternity, or breastfeeding leave prevents you from taking it.

When must my employer tell me my holiday dates?

Employers must give at least two months' notice of the leave dates. If you disagree, you have 20 working days to challenge before the social court.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.