Not all absences from work can be planned. Some arrive without warning and require an immediate response. Leave for family emergencies addresses a specific need: being where you need to be when the unexpected happens.
Article 37.9 of the Workers' Statute (ET) recognizes the worker's right to be absent from work when situations of force majeure occur due to urgent family reasons, linked to illness or accident and which make their immediate presence indispensable.
This is not an ordinary leave of absence, nor is it a planned absence. It is a legal response to situations that simply cannot wait.
Force Majeure
In this context, force majeure does not refer to major catastrophes or strictly exceptional situations. We are talking about unforeseen, unexpected, and urgent events that disrupt the normality of daily life.
It is sufficient that there is an illness or accident that makes the worker's immediate presence essential. The situation does not need to be medically serious.
- Attention. A report of serious injury is not required, but rather an urgent situation that cannot be delayed.
Who does this permit protect?
Unlike other leave entitlements under Article 37 of the Workers' Statute, this right does not expressly limit the degree of kinship. It extends to:
- Family members, without legal definition of degree.
- People living together, even if there is no family relationship.
This approach responds to the current social reality, where care responsibilities do not always fit into traditional family structures.
Effective coexistence can be as relevant as kinship.
How do you enjoy the leave?
This leave is not taken in full days, but in hours of absence, allowing the creation of an annual pool equivalent to four working days.
The practical implementation (fractionation, control, use of the bag) can be developed in:
- Collective agreements.
- Agreements between the company and the legal representation of the workers.
In any case, within the legal limit, the leave is paid.
- Please note: This is not a "day off," but rather hours justified by a specific need.
Compensation without hidden cuts
The compensation for this leave cannot involve indirect discrimination, especially on the grounds of sex. This means that salary components cannot be excluded without justification.
The purpose of the permit is to allow an emergency to be addressed without financial penalty.
- Attention. Excluding salary supplements may generate conflicts and claims.
Do we need to give prior notice?
The rule is clear: no prior notice is required. And it makes sense. When we're talking about family emergencies, there's often no time to communicate anything before leaving.
However, subsequent proof of the reason may be required, without prejudice to what is established by collective agreements or contracts.
The control is subsequent, not prior, except for specific regulations.
Is it necessary to have started the workday?
One of the most debated issues has been the meaning of the expression "right to be absent." Is it necessary to have started the workday in order to exercise this right?
The High Court of Justice of Catalonia, in its Judgment 6341/2025, of November 28, 2025, has declared that it is not necessary.
Interpreting this leave as only applicable if the employee is already at their workstation would lead to absurd situations and contradict the purpose of the right. The leave covers both emergencies that arise during the workday and those that occur before starting work.
The High Court of Justice of Catalonia emphasizes that restricting the leave only to those who have already started the workday would render the rights to work-life balance meaningless and would affect in a particularly negative way those who mostly assume caregiving responsibilities
Collective bargaining
The Law allows, through collective agreements, equality plans and company agreements, the expansion, specification or modulation of the use of the bank of hours and the way of accrediting absences.
However, this must always be done respecting the legal minimum and the purpose of the permit.
You can contact this professional office for any questions or clarifications you may have.
Warm regards,
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A Àmbit Assessor, SL has 40 years dedicated to the tax, comptable and labor consultancy of the Pime.
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