Annual Leave Request Spain

An Annual Leave Request Spain (Solicitud de Vacaciones Anuales Retribuidas) is the formal written document submitted by a worker to their employer requesting the scheduling and approval of their paid annual leave (vacaciones anuales retribuidas) under Article 38 of the Estatuto de los Trabajadores (Real Decreto Legislativo 2/2015, de 23 de octubre — ET). Article 38 ET establishes the minimum statutory annual leave entitlement in Spain — a paid leave period of not less than thirty calendar days per year, which may not be compensated by any financial payment (compensación económica) in lieu under Article 38.1 ET, except when the employment relationship is terminated before the leave is taken.

The paid annual leave entitlement under Article 38 ET is a non-waivable right (derecho irrenunciable) — Article 3.5 ET prohibits workers from waiving rights established by law, and an employment contract or company policy purporting to reduce annual leave below thirty calendar days per year is void. Many sector and company convenios colectivos (collective bargaining agreements) provide more than the statutory minimum — twenty-two working days or more per year is common in major sectors. The applicable convenio colectivo's leave provisions supplement and may exceed the ET minimum.

The scheduling of annual leave in Spain is determined by mutual agreement (acuerdo entre el trabajador y el empresario) under Article 38.2 ET — the employer may not unilaterally set the leave period without consulting the worker, and the worker may not take leave without employer agreement on the timing. Where the employer and the worker cannot agree on the schedule, a Juzgado de lo Social (labour court) may be asked to fix the dates through an expedited preferential procedure under Article 38.2 ET — claims must be filed within twenty working days before the preferred leave date.

Article 38.3 ET provides two important worker protections for annual leave: (1) if the leave period coincides with temporary incapacity (incapacidad temporal — IT) due to illness or accident, the worker is entitled to take the leave at a different time after recovery, even if the calendar year has ended, up to eighteen months after the end of the leave year — consistent with EU Working Time Directive (2003/88/EC) as interpreted by the Court of Justice of the EU; (2) if the leave period coincides with a childbirth-related leave (permiso de maternidad, permiso de nacimiento del padre, or adoption leave under Articles 48 and 48 bis ET), the worker is also entitled to take the annual leave at a different time.

The Solicitud de Vacaciones creates a formal written record of the worker's requested leave dates, confirms compliance with the minimum notice requirements established in many convenios colectivos (typically fifteen to thirty days advance notice), and provides the employer with the documentation needed for workforce planning. A signed or acknowledged copy returned by the employer constitutes the written leave schedule (calendario de vacaciones) required under Article 38.3 ET.

The legal framework governing the Annual Leave Request Spain in Spain draws on several key statutes and regulatory bodies. Under the Estatuto de los Trabajadores (ET) RDL 2/2015, Spanish employment law governs contracts, dismissals, and working conditions. The Tesorería General de la Seguridad Social (TGSS) administers social security contributions. The Servicio Público de Empleo Estatal (SEPE) manages unemployment benefits. The Inspección de Trabajo y Seguridad Social enforces labour compliance. The Juzgados de lo Social hear employment disputes under the Ley Reguladora de la Jurisdicción Social (Ley 36/2011). Parties executing a Annual Leave Request Spain in Spain should confirm the document reflects current law, including any amendments enacted since the original drafting date. The Estatuto de los Trabajadores (RDL 2/2015) art. 38 sets the foundational requirements.

An Annual Leave Request Spain is needed at the beginning of each year — or at the time specified in the applicable convenio colectivo — when the employer and workers agree on the annual leave schedule (calendario de vacaciones) for the year. Article 38.3 ET requires the leave schedule to be fixed at least two months before the start of the leave period.

The solicitud is required when a worker wishes to take their annual leave at a specific time outside the collectively agreed main leave period (período de vacaciones principal) — for example, taking summer leave in September rather than July, or splitting the thirty days into multiple separate periods.

The application is needed when a worker is returning from an illness (incapacidad temporal) or a childbirth-related leave (permiso de maternidad or paternidad) and wishes to schedule the annual leave that could not be taken during the illness or parental leave period — submitting a formal request confirms the employer acknowledges the worker's entitlement to reschedule the leave under Article 38.3 ET.

The solicitud is needed when the worker wishes to take any portion of the leave separately from the employer's collectively agreed leave period — such as taking ten days in winter for Christmas and the remaining twenty days in the summer block — requiring specific agreement with the employer for each period.

The request is also needed for part-time workers (trabajadores a tiempo parcial) who accrue annual leave proportionally to their working hours under Article 12 ET — a formal request clarifies the leave entitlement and the agreed dates, preventing disputes about the exact number of leave days accrued.

The solicitud serves as important documentation in any subsequent dispute about whether leave was requested and approved — in proceedings before the Juzgado de lo Social regarding unfair dismissal or wage claims, evidence of annual leave scheduling helps establish the employment history and the parties' obligations under the contract.

Parties in Spain should prepare a Annual Leave Request Spain proactively rather than waiting for a dispute to arise. Courts interpret agreements based on the written terms rather than oral representations. Under the Estatuto de los Trabajadores (ET) RDL 2/2015, Spanish employment law governs contracts, dismissals, and working conditions. The Tesorería General de la Seguridad Social (TGSS) administers social security contributions. The Servicio Público de Empleo Estatal (SEPE) manages unemployment benefits. The Inspección de Trabajo y Seguridad Social enforces labour compliance. The Juzgados de lo Social hear employment disputes under the Ley Reguladora de la Jurisdicción Social (Ley 36/2011). Where the transaction involves regulated activities, prior approval from the relevant authority may be required before execution.

A valid Annual Leave Request Spain under Article 38 of the Estatuto de los Trabajadores (RDL 2/2015) and the applicable convenio colectivo must contain the following essential elements.

Worker Identification: Full name, DNI or NIE, job position (puesto de trabajo), and department of the requesting worker. The identification links the leave request to the worker's payroll record and the leave accrual calculation at the Tesorería General de la Seguridad Social (TGSS).

Requested Leave Dates: The specific start and end dates (inclusive) of the requested leave period — stated clearly in day/month/year format. The total number of calendar days (días naturales) requested should be stated, confirming that it does not exceed the total annual leave entitlement less any days already taken in the current year.

Total Annual Leave Entitlement: The worker's total annual leave entitlement under their employment contract and the applicable convenio colectivo — the statutory minimum is thirty calendar days under Article 38 ET, but the convenio may provide more (twenty-two working days being common, which typically equates to thirty to thirty-two calendar days). The total days remaining unused at the time of the request should also be noted.

Leave Type: Confirmation that the request is for ordinary annual leave (vacaciones ordinarias) under Article 38 ET — as distinct from permisos retribuidos (paid permissions for specific events under Article 37 ET, such as marriage or bereavement), sick leave, or excedencia (unpaid leave). Clarity on the leave type prevents confusion in payroll processing.

Notice Period Compliance: A statement confirming that the request complies with the advance notice requirements under the applicable convenio colectivo — typically fifteen to thirty days before the first day of leave. Early submission helps the employer plan operational coverage and avoids the dispute procedure under Article 38.2 ET.

Applicable Convenio Colectivo: Reference to the sector or company convenio colectivo that governs the leave entitlement, if it provides more favourable conditions than Article 38 ET — for example, if the convenio grants twenty-five working days of leave or provides for additional leave for long service (vacaciones adicionales por antigüedad), the solicitud should reference the applicable convenio provision.

Confirmation of Leave Accrual: Where relevant, a statement confirming the leave accrual as of the date of the request — pro-rated for workers who joined mid-year, workers with pending regularisation of part-year leave, or workers returning from a long absence during which leave continued to accrue under Article 38.3 ET.

Employer Acknowledgement: A section for the employer to sign or stamp as confirmation of receipt and approval (aprobación) or rejection (denegación) of the specific dates requested. The employer's written response creates the calendario de vacaciones required by Article 38.3 ET. If the employer approves different dates from those requested, the written communication should state the alternative dates offered.

Forms-legal.com provides this Annual Leave Request Spain template as a practical tool for workers and HR departments. Disputes about annual leave scheduling that cannot be resolved by agreement are resolved by the Juzgado de lo Social through an urgent preferential procedure under Article 38.2 ET — the worker must file within twenty working days before the preferred leave start date. Dismissal of a worker who requests or takes legally entitled annual leave may constitute unfair dismissal (despido improcedente) under Articles 55 to 56 ET, entitling the worker to severance pay calculated at 33 days per year of service up to 24 months. The Inspección de Trabajo y Seguridad Social (ITSS) enforces Article 38 ET obligations and may sanction employers who deny or obstruct annual leave rights under LISOS (RDL 5/2000).

Under the Estatuto de los Trabajadores (ET) RDL 2/2015, Spanish employment law governs contracts, dismissals, and working conditions. The Tesorería General de la Seguridad Social (TGSS) administers social security contributions. The Servicio Público de Empleo Estatal (SEPE) manages unemployment benefits. The Inspección de Trabajo y Seguridad Social enforces labour compliance. The Juzgados de lo Social hear employment disputes under the Ley Reguladora de la Jurisdicción Social (Ley 36/2011).