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A worker asks you for a Paid Leave. Does the day on which your enjoyment begins have to be a working day or can it coincide with a rest day?

Paid leavePaid leaves are paid interruptions of working time that are provided for in the law or in the applicable collective agreement and to which your employees are entitled as long as they justify the existence of the corresponding cause. The most common examples are the leave for hospitalization of a relative, the leave for marriage or the leave for transfer of habitual residence (move).

Regarding the enjoyment of said permits, the courts have indicated the following:

  • The start of the computation of paid leave must begin on a working day for the worker and not a calendar day, since it is a paid absence.
  • If the day on which the event that gives rise to the leave occurs is not a day of provision of services, the beginning of the leave in question will begin on the next working day.
  • If the event that gives rise to the permit requested by your worker coincides with a period of vacation or temporary disability, the enjoyment of the permit will be lost, unless your collective agreement provides otherwise or the contrary has been expressly agreed.

In short, as a general rule, the start of the days of paid leave must be on a working day, unless the applicable collective agreement establishes otherwise or something different has been expressly agreed collectively with the workers.

 

Our professionals will solve all the doubts that may arise regarding the different paid permits.