Climate-related leave is a paid leave of up to four days that allows employees to be absent from work when they are unable to access their workplace or there is a serious and imminent risk arising from a disaster or adverse weather event. It is regulated under Article 37.3(g) of the Spanish Workers' Statute and has been in force since 30 November 2024.
When can an employee request climate-related leave?
When they are unable to access their workplace or there is a serious and imminent risk. The law provides for two circumstances, and meeting either one is sufficient:
- Inability to reach the workplace or travel along the necessary routes due to recommendations, restrictions or travel bans issued by the authorities (for example, a Civil Protection warning advising against travel).
- Serious and imminent risk, including risks arising from a disaster or adverse weather event.
Employees must notify their employer and provide justification for the situation, while the employer must assess it based on objective evidence rather than subjective impressions.
How long does the leave last and who pays for it?
The leave lasts up to four days and is paid by the employer. If the circumstances persist, the leave is extended for as long as the conditions justifying it continue. Since the law specifies "up to" four days, it can be argued that employees are not entitled to take the full four days if the circumstances cease earlier.
The legislation does not specify which salary components must be paid. The usual approach is to apply the same criteria as for other types of paid leave, together with the provisions of the collective bargaining agreement.
Can employers offer remote working or implement an ERTE?
Yes, both options are possible, but subject to certain conditions:
| Alternative | When it is possible | What to consider |
|---|---|---|
| Remote working | If the role is compatible and communication systems are operational | Compliance with Law 10/2021: provision of appropriate equipment and resources |
| Temporary Employment Regulation Scheme (ERTE) due to force majeure (Art. 47.6 of the Workers' Statute) | If access to the workplace remains impossible after the four days of leave have elapsed | An ERTE cannot be applied for the same reason during the first four days |
What other obligations did the reform introduce?
- Information for employee representatives (Art. 64.4(e) of the Workers' Statute): they must be informed of the measures planned when alerts are issued due to disasters or adverse weather events.
- Protocols in collective bargaining agreements (Art. 85.1 of the Workers' Statute): collective bargaining must address action protocols for these situations.
What should companies do to avoid disputes?
The legislation is recent and there is not yet any established case law, so improvisation poses the greatest risk. We recommend:
- Defining who makes decisions and the criteria to be applied.
- Identifying the official sources to consult (AEMET, Civil Protection).
- Establishing how employees should request and justify the leave.
- Informing employees and their legal representatives.
- Reviewing the provisions of the applicable collective bargaining agreement.
Conclusion
Climate-related leave protects employees in situations involving risks arising from adverse weather events. For companies, establishing clear criteria, internal procedures and effective communication with employees is essential to managing these situations and avoiding potential employment disputes.
Related content
