In June 2023, Royal Decree-Law 5/2023 introduced modifications to improve measures in the labour sector, changing the wording of some articles of the Workers’ Statute.
Among the labour amendments included in the Royal Decree-Law was the extension of the paid leave due to serious accident or illness, hospitalisation or surgery without hospitalisation requiring home rest for certain family members or people living with them to five days.
Considering the jurisprudential approach followed in similar situations, it was determined that the five days of paid leave should be considered as working days.
When the leave was extended to five working days, the question of whether or not the paid leave should be continued in the event of hospital release arose. In its sentence of 24 July 2024, the National Court ruled that medical release from hospital does not mean that the paid leave provided for in the Workers’ Statute must be ended.
The Spanish Court has followed this criterion on the basis of the wording of the Workers’ Statute itself, as its text expressly states that the five-day paid leave shall be applicable to situations of hospitalisation or surgery without hospitalisation requiring home rest, therefore equating the situations of continuous assistance and home rest when taking the corresponding leave.
In addition, the National Court also appeals to the gender and equality perspective. The ruling reflects that the fact that the leave is extended only until the end of the hospitalisation, without taking into account home rest, would be contrary to the principle of real equality.
This principle implies the absence of direct or indirect discrimination based on gender and in particular, the discrimination based on maternity, the assumption of family obligations and marital status. Therefore, the National Court understands that this group, which has traditionally taken on the care of family members, would see its rights diminished if the paid leave were not considered in its entirety.
Following the extension of the paid leave to five days, the National Court also ruled that companies should no longer grant the additional days that some collective agreements established in cases in which the person concerned had to travel to attend to the affected family member.
The ruling of the Audiencia Nacional of 11 July 2024 states that under the current regulations, five working days are recognised, which, together with the nearest weekend, means that the period of paid leave is significantly extended.