Holiday entitlements and public holidays in Spain: employer guide

When hiring in Spain, one of the most important responsibilities for employers is understanding holiday entitlements and public holidays. Spain’s labour laws provide generous paid leave, and combining national and regional public holidays adds further complexity. Ensuring compliance with local regulations can be challenging for international companies unfamiliar with these requirements.

This guide will walk you through Spain’s statutory holiday entitlements, regional public holiday variations, and best practices for managing leave requests. Additionally, it will highlight how a Spanish Employer of Record can simplify compliance, making it easier for international businesses to maintain a satisfied, legally protected workforce in Spain.

Statutory holiday entitlement in Spain

In Spain, workers are entitled to a minimum of 30 calendar days, or approximately 22 working days, of paid annual leave per year. This statutory entitlement is a fundamental right under Spanish labour law, ensuring employees have adequate time off to rest and recharge.

In most cases, employees accrue their leave incrementally throughout the year, with many companies offering one-twelfth of the annual leave allocation for each month worked. This approach helps ensure that employees who join mid-year or work part of a year still receive their proportional share of paid leave. The calculation is typically straightforward: employees who work for six months in a calendar year are entitled to half of their annual leave—15 calendar days or 11 working days.

Spanish labour law generally requires that statutory holidays be used within the calendar year they are accrued. Unused leave usually cannot be carried over into the following year, unless specific collective agreements or contracts provide otherwise. Some employers allow carry-over within a defined period, but this is not the default and must be stipulated in the employment agreement or company policy.

Leave during probation or part-time work

Even employees in probationary periods are entitled to the statutory minimum holiday allocation. Part-time employees, meanwhile, receive the same leave entitlement as their full-time counterparts on a pro-rata basis. For example, if a part-time employee works 50% of a full-time schedule, they would be entitled to 50% of the statutory leave—15 calendar days instead of 30.

Employers must ensure that their leave policies comply with the statutory minimums outlined in the Workers’ Statute (Estatuto de los Trabajadores). They are required to:

• Provide employees with their full annual leave entitlement.
• Notify employees of their holiday schedules well in advance.
• Include holiday arrangements in employment contracts or collective agreements.
• Keep records of leave balances and any accrued but unused holidays.
• Honour statutory leave even during probationary periods or part-time employment.

By following these obligations, employers not only comply with Spanish labour regulations but also promote a fair and supportive working environment. Respecting statutory holiday rights helps foster employee well-being, improves retention, and reduces potential disputes over unpaid or unfulfilled leave entitlements.

Public holidays in Spain: national and regional

In addition to annual leave, Spain observes a number of national public holidays each year. These include celebrating New Year’s Day, Good Friday, and Christmas. However, the variation in public holidays at the regional and local levels sets Spain apart from many other countries. Each of Spain’s 17 autonomous communities can declare regional holidays, and some cities even add their own local holidays.

The Spanish government sets a number of public holidays that apply throughout the country. These typically include:

• New Year’s Day
• Epiphany (January 6)
• Good Friday
• Labour Day (May 1)
• Assumption of Mary (August 15)
• National Day (October 12)
• All Saints’ Day (November 1)
• Constitution Day (December 6)
• Immaculate Conception (December 8)
• Christmas (December 25)

Regional and local holidays

Beyond these national holidays, regions such as Catalonia, Andalusia, and Madrid have their own designated holidays. For example, the Day of Catalonia (September 11) is a regional public holiday in Catalonia, while Madrid celebrates its local day on May 2. This variation means that employees working in different parts of Spain may have access to additional days off that do not apply to others.

Employers need to determine the specific public holidays that apply to each employee based on their place of work. For companies managing a distributed workforce across multiple regions, this can add a layer of complexity.

Managing holiday requests and time-off policies

Effectively managing leave requests requires clear communication, consistent policies, and adherence to legal guidelines. Companies can maintain smooth operations even during peak holiday seasons by establishing transparent procedures.

Here is a list of best practices for handling holiday requests:

• Create a clear holiday policy: A well-defined, easily accessible holiday policy helps employees understand how much leave they’re entitled to, how to request it, and any limitations or requirements.
• Plan for overlapping requests: Many employees prefer to take holidays during summer months or around Christmas. Establishing a fair system for handling overlapping requests—such as a first-come, first-served approach or a rotation system—prevents disputes and ensures adequate staffing levels.
• Set advance notice requirements: Encourage employees to submit holiday requests well in advance so that managers can plan workloads accordingly. This helps maintain productivity and avoids last-minute staffing shortages.
• Handle leave conflicts transparently: If multiple employees request time off during a busy period, explain the decision-making process and ensure everyone understands priorities. Transparent communication reduces feelings of unfair treatment and builds trust within the team.
• Consider company-wide closures: Some businesses choose to shut down during certain times of the year, such as the last week of December. While this approach requires careful planning, it can help balance workload and allow all employees to recharge simultaneously.

How an Employer of Record can help with holiday compliance in Spain

Managing holiday entitlements and public holidays can be particularly challenging for international companies operating in Spain without a local legal entity. An Employer of Record (EOR) offers a practical solution by assuming responsibility for compliance with Spanish labour laws and holiday regulations.

An EOR acts as the legal employer for a company’s workforce in Spain. While the client company retains day-to-day control over tasks and deliverables, the EOR handles administrative responsibilities such as payroll, tax filings, employment contracts, and compliance with local labour laws.

How an EOR supports holiday compliance:

• Regional variations: The EOR ensures that holiday entitlements and public holiday rules are correctly applied for employees in different regions of Spain.
• Leave tracking and payroll adjustments: By managing payroll and tracking time off, the EOR helps companies maintain accurate records of leave balances and ensures that employees receive the correct pay when taking time off.
• Policy enforcement: The EOR helps create and enforce compliant holiday policies that align with Spanish labour laws. This includes calculating statutory leave, handling leave carryovers, and ensuring all employees receive their legal entitlements.
• Local HR support: With on-the-ground expertise, the EOR can provide guidance on handling holiday disputes, managing overlapping requests, and complex regional holiday variations.

By establishing clear policies and transparent communication, businesses can create a smooth process for handling leave requests and maintaining productivity throughout the year.

Managing holidays in Spain

Understanding holiday entitlements and public holidays in Spain is crucial for employers to maintain compliance, foster employee satisfaction, and avoid legal complications. Employers must consider both the national and regional variations in public holidays and their obligations to provide statutory leave.

Partnering with an Employer of Record offers a straightforward, compliant solution for companies without a local legal entity or those unfamiliar with Spanish labour laws. By leveraging an EOR’s expertise, businesses can ensure accurate holiday management, compliance with local regulations, and a positive employee experience. If your company is expanding into Spain or managing remote teams, consider contacting us to learn how an EOR can simplify workforce management and ensure smooth compliance with holiday entitlements.