On the basis that the loss of a family member is always a bitter moment for anyone,the Workers’ Statute provides that workers may have a few days to leave due to this circumstance.
but How many days of leave for the death of a family member does an employee have? This is one of the main doubts for both workers and employers, since the time of leave for death will depend on the degree of consanguinity or affinity of the familymember, and the collective agreement of application, highlighting that in this post we refer to the General rule established in the Workers’ Statute that acts as a minimum.
The days of leave due to the death of a family member must be paid by the company.
When can you apply for permission due to the death of a family member?
As established in article 37.3 of the Workers’ Statute, an employee may apply for leave for death, when the deceased family member is of the first or second degree due to consanguinity or affinity.
- First-degree relatives by consanguinity: parents and children.
- Relatives of first degree by affinity: spouse, in-laws, daughters-in-law and daughters-in-law.
- Second degree relatives by consanguinity: siblings, grandparents and grandchildren.
- Relatives of second degree by affinity: siblings of spouses, political grandparents and political grandchildren.
On the other hand, if the death was of a third- or fourth-degree relative,regardless of whether it is due to consanguinity or affinity, one shall not have the right to apply for leave for death.
- Third-degree relatives: nephews and uncles.
- Fourth-degree relatives: cousins.
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How many days do you have a family member’s death leave?
In the event that a first- or second-degree relative has died, the worker shall have the right to have up to two days of paid leave,which could be extended up to four days in the event that a posting is necessary.
In order to extend the days of travel leave, the employee should have to travel a distance of more than 200 kilometres, both outward and return.
Even so, our labor advisors warn of the need to analyze the applicable Collective Agreement, since there are cases in which there are some extra days of leave due to the death of a family member.
How to apply for permission due to the death of a family member?
The worker should inform the company and request it as soon as possible.
In case you are not present at the office, the most appropriate way to apply for permission for death is in writing.
It could happen that in addition to a written request, the company would require proof by the employee that the deceased relative is of the first or second degree. In that case, a copy of the death certificate, and even of the family book, would have to be presented.
Every worker has a minimum of two days of leave for the death of a family member,as long as it is a first or second degree relative. This is a right contained in the Workers’ Statute, which acts as a minimum, with many Collective Agreements extending and improving this right.