The Supreme Court allows the paid leave does not necessarily have to begin at the time of the event giving rise to the leave, facilitating more efficient management of assistance to family members.
The Supreme Court has introduced a more flexible interpretation regarding the enjoyment of paid leave of five days for the care of family members, regulated in article 37.3 b) of the Workers' Statute. In its Judgment No. 126/2026, of February 4The High Court establishes that the start of this leave does not necessarily have to coincide with the exact moment when the event causing the leave occurs, such as a hospitalization or serious illness of a family member.
This decision represents a significant change in the practical application of this labor right, as it allows workers to organize their leave more rationally based on when their attendance is actually needed.
A more flexible interpretation of paid leave
Until now, many companies have interpreted the leave as beginning immediately after the event that prompted it, usually on the first working day following the incident. However, the Supreme Court considers this interpretation to be overly restrictive and not always sufficient to fulfill the purpose of the leave.
The ruling states that neither the status of workersNeither European regulations nor collective agreements expressly state that the leave must begin at the same time as the event giving rise to it.
Therefore, the High Court concludes that The employee can arrange the start of the leave based on the actual assistance needs.always within a reasonable framework.
The origin of the legal conflict
The Supreme Court's ruling upholds a previous judgment by the National Court issued in 2024 in a collective dispute brought by the unions. CCOO, CSIF and UGT against several companies of the RACE Group.
The debate centered on determining whether the leave had to be taken immediately or whether it could begin at a later time when the worker's presence was truly necessary to care for the family member.
The Supreme Court supports the more flexible interpretation, noting that automatically linking the leave to the exact moment of the event may prevent the worker from providing effective assistance.
What does the Workers' Statute say?
Article 37.3 b) of the Workers' Statute recognizes the right to five days of paid leave in case of:
- Accident or serious illness of a family member.
- Hospitalization.
- Surgical intervention without hospitalization that requires home rest.
This leave applies to family members up to second degree of consanguinity or affinitywhich includes, among others, parents, children, grandparents, siblings or parents-in-law.
Practical consequences for companies and workers
The Supreme Court's new interpretation implies several relevant changes in the management of these permits:
- The start of the permit It does not necessarily have to coincide with the event that caused it..
- Workers can organize your enjoyment according to your actual care needs.
- Companies must analyze each case taking into account the purpose of the leave: to guarantee assistance to the family member.
In short, this ruling reinforces the nature of the leave as a tool for work-life balance and family support, allowing it to be used in a way that is more adapted to the reality of each situation.
The resolution also establishes a jurisprudential criterion that will foreseeably be applied by courts and companies in the management of this type of work permit.
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