The 30 days of vacation for a domestic worker generate fewer doubts than it seems at first glance —the number is quite clear—, but there are two questions that almost no employer has resolved: what happens if you don’t agree on the dates, and if your domestic worker has to travel with you when the family goes on vacation. We are going to resolve both, in addition to the rest of the rules you should know.
How many vacation days are due
Every domestic worker is entitled to 30 calendar days of vacation per year, regardless of their working hours: full-time, part-time, live-in or live-out. The number does not change for working fewer hours —what changes, if the working day is part-time, is the salary received during those days, never the number of days—.
This was already confirmed by the High Court of Justice of Catalonia in a ruling from January 2012: the duration of vacations is not reduced for working part-time, although the remuneration is proportionally adapted to the hours worked.
Important: these are calendar days, not working days. This means that weekends and holidays falling within the vacation period are also counted, not just the days the employee would normally work.
How the 30 days can be distributed
Vacations do not have to be taken all at once. They can be split into two or more periods, with one single condition: at least one of these periods must last 15 consecutive calendar days. The rest can be distributed as agreed between both parties.
Who decides the dates? What almost no one explains well
Ideally, the dates should be agreed upon between employer and worker, without further ado. But what happens if you don’t agree? Here is the rule that resolves the tie, and which very few guides explain clearly:
- The employer can set 15 days, taking into account the family’s needs.
- The worker freely chooses the other 15 days.
That is, in the absence of an agreement, the law divides the decision equally between both parties, not leaving it in the hands of just one. Furthermore, regardless of how the dates are set, the domestic worker must be informed of them with a minimum notice of two months.
The question almost no one answers: does she have to accompany you on a trip?
Here we reach the point that generates the most real confusion, especially in families with a live-in domestic worker: when the family goes on vacation, does the domestic worker have to go too?
The answer is no. During her own vacations, the domestic worker is not obliged to remain at the family home or to accompany the family to the place where they travel. Her vacations are hers: a period of real rest, not a transfer of her workplace to another location.
This does not mean that the opposite cannot be agreed upon if both parties wish —for example, that the worker accompanies the family and then enjoys her vacation at another time—, but it must be an agreement, not an obligation derived from the contract. If the domestic worker travels with the family working during those dates, those are not her vacations: they are normal working days, with the added factor of being away from her usual home.
What if she works by the hour and provides services only a few days a year?
There is a particularity for those who work by the hour on an external basis, when they do so less than 120 days a year for the same employer: in these cases, the proportional part of the vacation may already be included in the hourly remuneration, without necessarily having a separate period to enjoy them. That is why the minimum hourly rate we set in our article on how much a domestic worker earns already incorporates this concept.
Summary: what you should be clear about
| Situation | Applicable Entitlement |
|---|---|
| Full-time | 30 calendar days of vacation per year |
| Part-time | 30 calendar days; salary proportional to hours worked |
| Splitting | Two or more periods; one of at least 15 consecutive days |
| Lack of agreement on dates | The employer sets 15 days, the worker chooses the other 15 |
| Accompanying the family on a trip during their vacation | Not mandatory, unless expressly agreed |
| External hourly work, less than 120 days per year | Vacation may be proportionally included in the hourly rate |
| Communication of dates | With at least two months’ notice |
Avoid conflicts by making it clear from the start
Most disagreements about vacation do not stem from bad faith, but from not having clearly discussed these points at the beginning of the employment relationship: when they are taken, how they are distributed if there is no agreement, and what happens if the family travels on those dates. Putting it in writing in the contract, even if not mandatory in all aspects, avoids misunderstandings later on.
Do you want us to review how you have planned your vacations?
At empleadosdehogar.es, we help you correctly manage your domestic worker’s vacation, from the distribution of dates to its reflection on the payslip. Write to us on WhatsApp and we’ll review it together.