The decision of a Spanish court has reignited the debate on labor protection in urgent family situations. A worker at Correos, the public postal company in Spain, lost part of her salary after asking for three days to take care of her mother, who was ill and dependent. The company considered the absences to be unjustified absences, but a court ended up agreeing and ordered that the amount be returned, plus interest.
According to Noticias Trabajo, a Spanish website specializing in legal and labor matters, and the statement from the Consejo General del Poder Judicial, this is a concrete example of the application of article 37, no. 9, of the Spanish Workers’ Statute, relating to the right to be absent due to force majeure in urgent family situations.
A request to take care of his mother that ended in a pay cut
According to the same source, the worker requested the so-called “permiso por Força Mayor” for the 22nd, 23rd and 24th of January 2025. The reason for the need was the state of health of the mother, aged 87, with degree of dependency III (high degree of dependency) and without any additional support, living with her daughter and requiring continuous care at home.
Even so, Correos considered that the employee had days of her own business to enjoy and, therefore, classified the absences as unjustified absences, applying a salary reduction of 149.62 euros.
The employee contested the decision and filed a lawsuit at the Juzgado de lo Social nº 1 in Cáceres, which would recognize her right to the reciprocated permission. According to the Spanish publication and the official notes, the court considered the fact that there were specific business days available to be irrelevant, highlighting that these have another purpose and cannot replace a right associated with a medical emergency situation of a direct family member.
Court: days of own affairs do not replace a legal right
In the sentence, the judge emphasized that the permiso por Força Mayor clearly distinguishes itself from days intended to deal with personal matters. While the latter allow the worker to resolve various issues, the permission in question has a specific legal framework and is intended to respond to family emergencies that require immediate presence.
For the court, there was no room for doubt. The situation of the worker’s mother met the legal criteria: very elderly person, with a high degree of dependence, recent acute illness, need for permanent care at home and absence of other caregivers.
According to the judge, Correos’ decision ended up distorting the nature of the right provided for in Spanish labor law, which is why he ordered the refund of the deducted amount, plus 10 percent late payment interest.
According to the UGT-SP Extremadura, the sentence reinforces that the permiso por Força Mayor Familiar provided for in article 37, no. 9, of the Workers’ Statute guarantees up to four days per year of paid absence in cases of urgent family reasons related to illness or accident of family members or cohabitants that require immediate presence.
The court also highlighted a point considered essential: if the worker had previously spent all her days on her own business, she would, according to the logic defended by the company, be completely unprotected in the face of a family emergency.
The sentence questions precisely this scenario, highlighting that the two types of absences have different natures and are not interchangeable.
It is important, however, to note that, according to the official statement from the Consejo General del Poder Judicial, the decision is not yet final and may be the subject of an appeal to the Superior Court of Justice of Extremadura.
A case that fuels the labor debate in Spain
The case generated discussion in Spain about the way in which some companies interpret the reciprocated permissions and the need to clarify internal procedures. Several news reports highlight that this is not the first time that Spanish courts have been called upon to decide on the issue, especially when there is tension between workers’ rights and company policies regarding justified absences and leaves for family reasons.
The sentence ended up acting as a warning to Spanish employers, remembering that the existence of personal business days does not eliminate the right, provided for by law, to paid absences in situations of force majeure within the family.
And in Portugal?
In Portugal, the Labor Code provides for a set of justified absences to assist family members, but the regime is different from the Spanish one. According to article 252, the worker may miss work for up to 15 days per year to provide urgent and essential assistance, in the event of illness or accident, to members of the household, including parents and other ascendants.
These absences are considered justified, but, pursuant to article 255, they result in loss of remuneration, unless there is a collective regulatory instrument or more favorable agreement that provides otherwise.
In addition, there are specific leave schemes for caring for children, grandchildren and other family members, as well as the so-called caregiver’s leave, introduced by Law No. 13/2023, which allows extended periods of absence to care for a dependent family member. As a rule, these leaves are not paid by the employer, although they may be accompanied by Social Security benefits (for example, child care allowance or other support depending on the specific situation).
In summary, unlike what happens in the Spanish case under analysis, in which article 37, no. 9, of the Workers’ Statute provides for a specific right to up to four days per year of paid absence due to family force majeure, in Portugal assistance to extended family members (such as elderly parents) translates, as a rule, into justified absences without remuneration, even though the employer cannot classify them as unjustified absences if the legal requirements are met.
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