The 2026 holidays are now starting to be organized in companies and employers have until mid-April to post the holiday map in their workplaces. Before setting dates or booking trips, it’s good to know the legal rules that may influence the number of days you are entitled to and how you can use them.
According to the Working Conditions Authority (ACT) website, the right to vacation expires on January 1st of each calendar year. As a rule, it refers to the work performed in the previous year and is not conditioned on attendance or effectiveness of service.
1. The right to vacation expires every year
According to ACT, each worker is entitled, in each calendar year, to a period of paid vacation. This right expires on the first day of the year and corresponds, in general terms, to the work carried out in the previous year.
The same source clarifies that the right to vacation does not depend on the absence of absences nor does it require continuous service provision throughout the year.
2. How many days are you entitled to enjoy?
The basic rule establishes a minimum period of 22 working days of vacation per year. For this purpose, business days are considered to be Monday to Friday, excluding holidays.
According to the publication, if weekly rest days coincide with working days, Saturdays and Sundays that are not holidays must be considered instead for calculation purposes.
In the year of admission, the regime is different. The worker is entitled to two working days of vacation for each month of the contract, up to a limit of 20 days. Enjoyment can occur after six full months of the contract. If the year ends before these six months have been completed, the holidays can be taken until June 30th of the following year.
ACT also reminds us that no worker can take more than 30 working days of vacation in the same calendar year, unless a collective labor regulation instrument allows it.
3. Can you accumulate vacations?
In principle, vacations must be taken in the calendar year in which they accrue. However, according to the same source, there may be an agreement between employer and worker for the enjoyment to be postponed.
In these cases, vacations can be taken until April 30 of the following year, and may or may not be combined with those due in that new year. There is also the possibility of accumulating half of the period due in the previous year with the period due in the year in question, by agreement between the parties.
4. Do absences reduce vacation days?
As a general rule, absences do not affect vacation entitlement. However, explains the ACT website, if absences result in lost wages, the worker can choose to replace a day of absence with a day of vacation.
Even so, a minimum period of 20 working days of vacation must always be guaranteed, or the corresponding proportion in the year of admission.
5. Who decides the dates?
Vacations are scheduled by agreement between employer and worker. In the absence of agreement, it is up to the employer to set the period of enjoyment.
According to , in this case, vacations cannot begin on the worker’s weekly rest day and the workers’ committee or, failing that, the inter-union or union committee representing the worker must be consulted.
With the new year underway and calendars being defined, knowing these five rules can avoid mistakes and ensure you fully exercise your right to vacation.
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