Do I have the right to vacation after a medical leave? Conditions and deadlines Do I have the right to vacation after a medical leave? Conditions and deadlines

The vacation period is one of the most anticipated by employees. It is a time when they can disconnect from their tasks and fully enjoy their free time. All workers are entitled to two and a half days off for each month worked, that is, vacations cannot be less than 30 calendar days or 22 working days. But it can be increased according to what is established in collective agreements.

Usually this aspect is an agreement between the company and the worker, and must be communicated with some time in advance so that both can prepare for the absence. In other cases, companies choose to completely close their offices during certain months, so that part of those vacations will not be freely chosen.

According to article 38 of the Workers' Statute, the vacation schedule must be set in each company at least two months in advance and in no case can they start on holidays or non-working days, since they are considered rest periods. But what happens when the employee has been on sick leave?

After a medical leave

When a person is on leave due to illness or work accident, and therefore does not enjoy those days of rest set, he may do so immediately when the leave ends.

The main requirement to take into account is that no more than 18 months can elapse from the end of the corresponding year. In other words, those days must be taken by the employee before the end of the year.

“Another problem that we can find is whether the worker can take those vacations at a later date. The answer is yes, provided that it is agreed with the employer and that it is carried out within the following 18 months from the date of the year in which the leave originated”, points out Luis San José Gras, partner of the Labor area of AGM Lawyers.

In addition, if the worker has taken a few days off and falls ill, it is also possible to request medical leave. The employee will have to notify the company and request temporary disability without this meaning losing vacation days.

maternity or paternity

Other similar circumstances are those in which the holidays coincide with a temporary incapacity derived from pregnancy, childbirth or breastfeeding, as well as maternity or paternity leave.

"In these cases, there is a different treatment to set vacations and the worker will be able to enjoy his days off on another date even if he has finished the calendar year to which it corresponds," says San José Gras. Therefore, both mothers and fathers are protected by law and can choose this vacation period more freely.

It must be remembered that temporary disability permits include a subsidy that covers income losses while the worker is unable to perform his or her professional tasks. In addition, the employee will receive 60% of the regulatory base between the fourth and the twentieth day. And 75% from the twenty-first or in the case of professional illnesses or work accidents.