Besides holidays, your domestic worker is entitled to a series of paid leaves for specific personal situations: a wedding, the loss of a family member, a move… We explain what they are, how many days correspond to each, and a distinction that generates a lot of confusion and that almost no one explains well.
Where these leaves come from
Royal Decree 1620/2011, which regulates domestic household services, does not have its own complete catalog of leaves. For what is not expressly provided, the Workers’ Statute (Estatuto de los Trabajadores) applies, just as for any other employed work. That is: your domestic worker has, in practice, the same paid leaves recognized by law generally.
All paid leaves, with their exact days
| Situation | Days of leave |
|---|---|
| Marriage or registration as a common-law partner | 15 calendar days |
| Accident or serious illness, hospitalization or surgical intervention (without hospitalization) requiring home rest, of spouse, common-law partner or relatives up to the second degree | 5 days |
| Death of spouse, common-law partner or relatives up to the second degree | 2 days (4 if travel is required) |
| Change of habitual residence | 1 day |
| Fulfillment of an unavoidable public and personal duty (for example, serving on a jury or voting when it coincides with working hours) | The indispensable time |
| Union or legal representation duties | According to applicable regulations |
| Prenatal examinations and childbirth preparation techniques, within working hours | The indispensable time |
| Breastfeeding a child under nine months old | 1 hour of daily absence, under legal terms |
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An important fact to avoid surprises if you’ve read other websites: leave for an accident, serious illness, or hospitalization of a family member was extended to 5 days with the 2023 reform (before it was only 2). If you see the figure of 2 days for this case anywhere, it is outdated information.
The confusion almost no one clarifies: not all “exams” are the same
Here is the nuance that really makes a difference. In the table above, prenatal examination appears as paid leave. But beware: this does not mean that any exam entitles you to paid leave.
- Prenatal or childbirth preparation examination: yes, it is paid leave by law, without the need for any agreement.
- Academic examination (for example, if your domestic worker is studying) or driving test: it is not paid leave by default. It will only be so if you have expressly agreed to it in the contract or by agreement.
They are similar words —”exam”— but completely different legal regimes. One is imposed by law; the other depends solely on what you have agreed upon.
And personal days?
Here’s a fairly widespread misconception: there is no legal right to “personal days” for domestic workers. The paid leaves we’ve seen in the table are the only ones legally recognized, for specific reasons. If you want to give your domestic worker any additional days off, it’s perfectly possible, but it has to be an agreement between both parties —normally reflected in the contract—, not something imposed by law.
What does your domestic worker need to do to take leave?
- Give reasonable notice, to the extent the situation allows (obviously, a death cannot be foreseen two months in advance, but a wedding can).
- Justify the reason when necessary, if you request it.
- During the leave, they must continue to receive their usual salary: these are paid days, not unpaid leave.
Summary: What you should be clear about
| Situation | Is it paid leave? |
|---|---|
| Marriage or civil partnership registration | Yes, by law |
| Serious illness, accident, hospitalization, or surgery of a family member | Yes, by law (5 days) |
| Death of a family member | Yes, by law (2-4 days) |
| Relocation of residence | Yes, by law |
| Unavoidable public duty | Yes, for the indispensable time |
| Prenatal examination or childbirth preparation | Yes, by law |
| Breastfeeding | Yes, by law |
| Driving test or academic exam | No, unless expressly agreed |
| Personal matters not legally provided for | No, unless agreed with the employer |
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Do you have questions about a specific leave for your domestic worker?
At empleadosdehogar.es, we help you resolve these situations case by case and correctly reflect any additional leave you wish to agree upon in the contract. Write to us on WhatsApp and we’ll review it together.