In the world of work, vacations are a right and not a privilege. Spanish labor law establishes that every worker has the right to a paid rest period each year. But what happens if we don’t enjoy our vacations during the year? Are they lost or can they be accumulated for the next one? There are various situations in which these doubts may arise and in this article, based on the regulations of the Workers’ Statute and various court rulings, we are going to clarify it.
Are unused vacations lost?
No, unused vacations are not lost. However, the procedure to recover these unused days may vary depending on the circumstances. In general, if you have not been able to enjoy your vacation through no fault of your own, you will be entitled to be compensated.
When can I claim unused vacations?
In situations where the worker has been unable to enjoy his vacation due to medical leave, maternity, paternity leave or any other cause of force majeure, the worker has the right to enjoy his vacation once the situation that prevents him has ended.
How are unused vacations compensated?
Compensation for unused vacations usually materializes in two ways: either you will be allowed to take vacations at a later period or, failing that, you will be paid an amount corresponding to the days not taken. The form of compensation arose from each specific case and will normally be negotiated with the employer.
What if I quit or am fired before taking my vacation?
In case of resignation or dismissal, vacations not taken must be financially compensated. The amount to be received from accrued and unused vacation days.
In short, no, vacations not taken during the year are not lost. Although it is true that each situation may vary, Spanish labor regulations protect the worker so that this right is not lost. If you find yourself in a situation in which you have not been able to enjoy your vacation, we recommend that you get proper advice to know your rights and the best way to proceed. Remember, your days off are a right, not a privilege.
