What is 4-day paid leave and when to apply for it?
4-day Paid leave is a recognised right for workers due to force majeure. Now, you should know what it is, how to apply and its conditions.
4-day paid leave: what it is, how to request it and its conditions
There are numerous figures of paid leave that are adjusted to different circumstances. Force majeure is one of the possibilities, although for this it must be defined correctly. It is usual to understand that force majeure is inevitable, but the truth is that it requires a series of conditions.
When a 4-day paid leave is requested, it is understood that this is due to a cause of force majeure, that is, that it does not depend on the worker. There is the possibility of requesting permission whenever there are reasons to do so. Let’s see in more detail how to do it following what the Workers’ Statute indicates (article 37.9), the main existing labour regulations:
1. Requirements to apply for permission
It is essential that a cause of force majeure is generated and that it has to be attended to at that very moment. And. of course, it has to be alien to the will of the subject. When there is such a situation, it is understood that it depends on external factors and that this has to be solved or faced without delay. They have to be inevitable, insurmountable and irresistible, according to current legislation. We are, therefore, facing a situation that requires the worker to be absent at that time.
Some examples of what we say are in the person who asks for permission for an accident. But it is also possible to request it due to problems of a family member or dependants due to illness. Of course, it must be duly accredited and the company can request documentation. The reality is that, in some cases, that documentation may be difficult to present at the time, but with a justification should be sufficient.
There is another condition, and that is that the justification is accredited as soon as possible. Sometimes, it can’t be in the moment, but you have to show good faith. Therefore, it is highly recommended to require this justification if it is not considered accredited.
2. The permit can be taken in full or divided into hours
Permissions can be split, and this is an important fact. It is possible to take 4 full working days a year or split them by hours. What does this mean? For example, that for the care of family members due to supervening causes, a maximum of 32 hours per year would be available. This could serve for an eventual situation, especially when we talk about diseases in which the resolution is not clear.
The reality is that, being inevitable, insurmountable and irresistible causes, this permit is exceptional and circumscribed to the indicated casuistry. In the event that this situation becomes chronic, it could no longer be considered insurmountable or irresistible. There are other permits or hourly reductions for caring for children or family members, but this legal figure would not be valid. It is convenient to be clear, because there may be an incorrect attribution that does not come from bad faith on the part of anyone.
Of course, that situation, if it is divided by hours, should also be justified. Sometimes, a single document is enough, but sometimes one of each permit application would be needed. For this reason, it is convenient to consult what the requirements are. In this sense, the company has the right to clarify and verify that the permit is used correctly.
3. The 4-day paid leave does not imply economic waiver
The current jurisprudence and legislation makes it very clear that the 4-day paid leave does not imply economic renunciation. Or what is the same, these 36 hours per year in which you can be absent will not imply a discount or salary decrease. Therefore, the payroll cannot include any type of reduction. In this sense, the permits for force majeure work the same as the other paid leaves and with the same acquired rights.
As we have said, there are other types of permits and reductions that do not imply any kind of economic waiver. The 4-hour paid leave is a figure that is used, in good hand, only when it is essential and necessary. In general, it is not used except in concrete and unexpected situations and there are rarely problems of malpractice.
Get an expert relationship with labour law specialists
A company has to know how the 4-day paid leave works, as well as the others. Do you have doubts about in which cases your workers can take these permits? At Asesoría Orihuela Costa we have a team of professionals specialised in labour advice for companies. Call us without obligation and we will inform you!
