permission for surgical intervention or hospitalization
of a family member is a right of workers but unknown to most, which can be used and enjoyed when a family member is operated on surgically in a health center.

From AYCE Laborytax we want to clarify all the doubts about this permit for surgical intervention or hospitalization, such as the way in which the days of leave are computed, the possibility of extending it in case the disease extends over time, or if you can continue to enjoy it when the family member is discharged from hospital. Notes.

What is the surgical permit?

for surgical intervention
refers to the right of any employee to be absent from work,due to surgical intervention or the hospitalization of a family member.

This permit arises from a situation of need and, as marked by the Workers’ Statute (Article 37),a worker has a leave of two days at work in case of death, accident, illness, hospitalization or surgical intervention without hospitalization,of a family member up to the second degree of consanguinity.

In addition, in case of displacement greater than 200 kilometers, the number of days will be increased from two to four,as established by the Supreme Court.

Even so, it is advisable to review the Collective Agreement of each business sector,to check the number of days recognized in the permit for surgical intervention.

Workers belonging to the public sector must go to the Basic Statute of the Public Employee to know the available days.

Is there permission for surgical intervention without hospitalization?


According to the AN EDL 2017/80739, in case the family member is surgically operated on but is not admitted to the hospital, the employee could also enjoy such leave for surgical intervention,as long as it is necessary for the family member to keep home rest.

This circumstance is due to the fact that hospital discharge is often not accompanied by medical discharge, being fundamental for the recovery of the patient who rests at home, avoiding the performance of any task that could put their well-being at risk.

How do you count the days of leave?

The Workers’ Statute states that the days of leave for surgical intervention will count as days worked,so the employee will not have to recover them in the future.

Here it should be noted that leave days only refer to working days,so they cannot overlap with rest days.

This is so because it is understood that the leave for hospitalization or surgical intervention is given so that the employee can attend to the affected relative, a situation that prevents him from presenting himself at his job, in a paid manner.

Who are the relatives up to the second degree of consanguinity?

As we have already said, this right may be exercised as long as the family member intervened is up to the second degree of consanguinity.

But who are the relatives who are included within this group?

Surgical leave could be requested due to illness of the spouse, children, siblings, parents, in-laws, brothers-in-law, sons-in-law, daughters-in-law, grandparents, grandparents of the spouse and grandchildren.

What happens if there are different hospitalizations for the same disease?


It could be the case that the same family member was operated on or hospitalized several times, for the same disease.

In this situation, even if the worker had previously exercised the permit, he could return to exercise it without any problem.

Each hospitalization,even for the same disease, is recognized as a different cause,allowing several work permits to be exercised by surgical intervention of you or a family member in succession.

the enjoy the two days to which the permit for surgical intervention entitles it may be carried out alternately or consecutively,with the worker having to notify the employer in advance, also presenting the proof of said hospitalization, in which the date of admission will have to appear, and which can be obtained in the hospital itself.



Below, we summarize the most important points about the permission of surgical intervention or hospitalization so that you can enjoy this right when you deem it necessary:

  • It is not necessary to exercise the leave on the first day of hospitalization of the relative, being the employee who will decide when to enjoy the leave while the hospitalization lasts.
  • Hospital discharge does not mean the end of the leave. This will end when the family member obtains the medical discharge.
  • The permit is available for each family member and for each hospitalization.
  • Days count as calendar days, worked by the employee. They will not have to recover.
  • De facto couples are not recognized as spouses, unless the collective agreement of your company equates them with the same rights.
  • If a journey of more than 200 kilometres is required, the permit shall be four days.

If you want to get more job advice, contact the consultants of AYCE Laborytax and we will solve your doubts.