Every worker has a series of paid work permits,which allow him to enjoy a few days off in his job, beyond those that correspond to him for his holidays.
This is established by the Workers’ Statute in its article 37.2, which includes those situations in which an employee can leave his work, without his remuneration being affected,with the aim that they can combine their personal life with the work.
Despite being a right for every worker,it is usual that neither the company nor the employees themselves know in which situations such permits can be requested, as well as the days or hours that correspond in each case, so from AYCE Laborytax we wanted to tell you the different types of paid work permits that your employees may request.
Paid work permits: When and how will your employees be able to apply?
An employee may request paid leave when there are situations included in the corresponding collective agreement, or its absence, in the Workers’ Statute.
A paid work leave corresponds to the temporary cessation of the provision of services for a specific reason, without affecting the worker’s remuneration.
Being legally regulated, it becomes a right for every worker, and an obligation for the employer. If, when the requirements for an employee to have access to this right are met, a company refuses to grant him paid work leave, he could be punished as it is a serious or very serious infringement.
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Of course, to access a paid work leave, the worker must give the necessary advance notice so that the company can be prevented, except in those special circumstances in which this could not occur. He must also prove his absence.
Our recommendation is that paid work permits should always be requested in writing, and that the company should also authorise them in writing.
If, after making the request, the company refuses to grant this right to the worker, he must continue to perform his functions in his job, being able to make the corresponding legal claims.
Paid work permits that you must grant to your employees
Below we tell you some of the situations in which you must grant a work permit to your employees,without their remuneration being affected, as long as they have previously warned and justified their absence.
Marriage leave
If a worker is going to get married, he has a 15 calendar day leave to enjoy his honeymoon. A permit that could be increased in some collective agreements.
This permit begins to count the first working day after contracting marriage,according to a recent Judgment of the Supreme Court, having to prove it through the presentation of the marriage certificate.
Permission for moving
Where an employee is to move from his habitual residence, he shall be on paid leave of one day. Although companies usually do not usually request any type of supporting document in these cases, it may be necessary to present the new contract or registration.
Leave for the birth of a premature child
If a premature child is born, and he must remain hospitalized after childbirth, a worker shall have the right to be absent from his place of work for one hour a day.
If they deem it appropriate, they shall also be in a position to reduce their working hours to a maximum of two hours per day. Of course, with the consequent proportional decrease in salary.
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Leave for death, accident or serious illness of a family member
In the event of death, accident, serious illness, hospitalization or surgical intervention without hospitalization of a family member up to the second degree, the worker will also have two paid days off,increasing to four in case of having to move.
Permission for public duties
If an employee has to attend to a public duty, such as going to court, he will have a paid work leave that will allow him to leave the time necessary to perform this duty.
Prenatal examination leave
A worker may request paid work leave for the time necessary to carry out the corresponding prenatal examinations or techniques of preparation for childbirth,if they coincide with the working day.
Leave for trade union functions or workers’ representation
An employee shall have the necessary time to perform trade union or personnel representation functions,such as participation in negotiating committees for collective agreements.
Permission to seek a new job
If a worker is objectively dismissed and has an indefinite contract, he will have a paid leave of six hours per week to look for a new job,during the period of notice. If it were a part-time job, the leave would be three hours.
conclusion
Every worker will be in a position to apply for a series of paid work permits,provided that the necessary circumstances exist for this, the company is notified in advance, and can justify the absence. The company will be obliged to grant such permits to workers, otherwise it could be punished with a serious or very serious infringement.
