Is Force Majeure Leave Paid?

This is what the Supreme Court says

The Supreme Court Judgment No. 416/2026, issued on 17 April, marks a turning point in the interpretation of force majeure leave under Article 37.9 of the Workers’ Statute, introduced following the 2023 reform. In particular, it clarifies a very common question among companies: whether this leave is paid when the collective agreement does not expressly regulate it.

The Supreme Court’s response is clear: the leave is paid by law, with a minimum equivalent to four days per year, and cannot depend on what has —or has not— been agreed in the collective agreement or company arrangements. This obliges many organisations to review how they are managing this type of absence.

Although the Supreme Court acknowledges that the wording of the article is not entirely clear, it adopts a logical and purposive interpretation. It recalls that this leave is intended to address urgent and unforeseeable situations (such as an accident or a serious illness affecting a family member) and that, if it were unpaid, many people would think twice before using it.

The judgment relies on the Explanatory Memorandum of Royal Decree-Law 5/2023, which expressly states that these hours —equivalent to four days per year— are paid. For the Court, this leaves very little room for doubt: collective bargaining may define or improve the leave, but it cannot eliminate its paid nature.

In summary, the message for companies is clear: force majeure leave under Article 37.9 of the Workers’ Statute is paid leave. Companies that have applied a more restrictive interpretation should correct it as soon as possible in order to avoid future issues.