July and August are the months when the most questions arise about paid holidays. How many days am I entitled to? Can my employer deny them? What happens if I am dismissed with unused vacation days? Here we answer everything.
How many vacation days am I entitled to?
The law establishes a minimum of 30 calendar days per year (article 38 of the Workers’ Statute). This equals 4 weeks and 2 days, or approximately 22 working days.
Many collective bargaining agreements improve this minimum: some set 23, 25, or even 30 working days. Your agreement always prevails over the law if it is more favorable to the worker.
Calendar days vs working days: the 30 days in the statute are calendar days (including Saturdays, Sundays, and holidays). If your agreement refers to working days, 22 working days are roughly equivalent to the same 30 calendar days.
Can you take them all at once or must they be split?
By law, one of the periods must be at least 2 consecutive weeks. The rest may be split as agreed between the company and the worker.
In practice, many companies set a collective holiday period (August, for example) and negotiate the rest individually.
Can I choose when to take them?
Yes, but with nuances. The statute says the holiday schedule is set by mutual agreement between the company and the worker. If there is no agreement, the social court decides.
The company must notify you of your holiday start date with at least 2 months’ notice.
What happens if I get sick during holiday?
This is one of the most common questions. If you are on sick leave during your holiday period:
- The holiday is interrupted while the leave lasts
- Once you recover, you are entitled to use the vacation days you could not take
- If the year ends before you can take them, you have an additional 18 months to do so (from the end of the year in which they were accrued)
Are holidays paid?
Yes. During holidays you continue to receive your usual salary, including fixed and regular allowances (night shift premium if you always receive it, average commissions, etc.).
Variable items such as overtime or productivity bonuses are not paid during holiday time.
How are holidays calculated if I work part-time?
Exactly the same as for full-time work: 30 calendar days. The law does not distinguish between full-time and part-time.
What does change is the salary you receive during those days, which will be proportional to your working hours.
How are holidays accrued during the year?
Holiday entitlement accrues continuously throughout the year. For each month worked you earn 2.5 days of vacation (30 days ÷ 12 months).
If you have worked 4 months, you have accrued 10 days of holidays.
What happens to holidays if I am dismissed?
If you are dismissed (or if you leave voluntarily) with unused vacation days, the company must include them in the settlement and pay them to you.
The formula:
Unused vacation days = (annual vacation days ÷ 365) × days worked in the year
For example, if you have worked 180 days of the year and have 30 annual vacation days:
(30 ÷ 365) × 180 = 14.79 days owed
The daily amount is your gross daily salary (gross monthly salary ÷ 30).
Can the company force me to take holidays?
In principle it cannot impose dates without prior agreement. But it can set a collective holiday period (a company closure in August, for example) that affects the entire workforce. In that case, the collective agreement regulates how it is managed.
What is prohibited is replacing holidays with money, except when the employment relationship ends and there are days pending.
What if the year ends and I have not used all my vacation?
Unused holidays do not automatically carry over to the next year. If you have not taken them by December 31, they are generally lost (unless your agreement says otherwise).
Exceptions are:
- Medical leave during the year (you can take them up to 18 months later)
- Maternity or paternity leave that coincides with the holiday period
Calculate your pending holidays when your contract ends
If your employment ends or is about to end, calculate exactly how many unused vacation days you are owed and how much you should be paid for them with our settlement calculator. The calculation automatically includes pending holidays.