Labor Law
How Many Days Off Can a Domestic Worker Take in Spain?
Every type of paid leave a domestic worker in Spain is entitled to, and how many days each one covers.
By Isabella Velletri, Founder of Maids & CoPublished on 30 June 20263 min read
In short
In 2026, a domestic worker in Spain can take paid leave in the specific cases set out in the Workers' Statute (Estatuto de los Trabajadores) and Royal Decree-law 5/2023 (Real Decreto-ley 5/2023): 15 calendar days for marriage or a registered civil partnership, 1 day to move house, 5 days for the serious illness or accident of a relative, 2 days for bereavement (4 if travel is required) and up to 4 days a year for force majeure, among others. In domestic employment there are no statutory 'personal days', unless they are agreed in the contract.
In Spain, domestic workers, like all other employees, enjoy a range of employment rights that include paid leave, giving them the chance to be absent from work in a variety of circumstances.
According to the latest Cobee Health Report, work-life balance is a key demand among workers in Spain. Striking this balance is essential to guarantee equal opportunities and growth both at work and in personal life. In response, the Government approved new paid leave entitlements and work-life balance measures through Royal Decree-law 5/2023 (Real Decreto-ley 5/2023), which transposes EU Directive 2019/1158, showing a growing commitment to work-life balance and gender equality.
- 15 calendar days for marriage or registration as a civil partnership: if they marry or register as a civil partnership, domestic workers are entitled to 15 calendar days' leave, allowing them to enjoy this special moment without having to worry about work.
- 1 day to move their usual home: when changing residence, one day of paid leave is granted to make the move and the adjustment to the new home easier.
- Fulfilment of public and personal duties: domestic workers have the right to be absent from work for the time needed to carry out unavoidable public and personal duties, including exercising their right to vote.
- Antenatal examinations, antenatal classes and adoption procedures: to safeguard wellbeing during pregnancy or in adoption procedures, paid leave is granted for antenatal examinations and classes, as well as for courses, psychological assessments and social reports.
- Trade union duties and training: domestic workers may take time off to carry out trade union duties in line with current legislation. In addition, an annual entitlement of 20 hours of training related to the job has been approved, which can be accumulated for up to five years.
- Sitting examinations for studies: where they are studying for a qualification, they are entitled to paid leave to sit examinations on a regular basis.
- Leave for force majeure: this leave, which is paid and taken by the hour, can amount to up to four days a year, allowing the worker to be absent in cases of urgent family matters, illness or accident that require their immediate presence.
- Leave for the serious illness or accident of relatives or cohabitants: five days' paid leave is granted in cases of serious illness or accident requiring hospitalisation, or surgery without hospitalisation, of a relative up to the second degree or a cohabitant.
- Bereavement leave: in the event of a loss, two days' paid leave is granted for the death of a spouse, civil partner or relatives up to the second degree of consanguinity or affinity; this is extended to four days if the worker needs to travel to another town.
- 8-week parental leave: Royal Decree-law 5/2023 (Real Decreto-ley 5/2023) introduced this leave for the care of children under 8. It is an individual, non-transferable right, taken flexibly on a continuous or intermittent basis, giving the employer at least 10 days' notice. Since Royal Decree-law 9/2025 (Real Decreto-ley 9/2025), 2 of the 8 weeks are paid at 100% of the regulatory base (base reguladora) by Social Security (Seguridad Social) — for births, adoptions or fostering arrangements from 2 August 2024, which can be claimed from 1 January 2026 — and the remaining 6 weeks are unpaid, unless improved by collective agreement.
With these paid leave entitlements, domestic workers in Spain have a legal framework that protects their rights and lets them balance their work responsibilities with important personal situations. It is essential that workers know and exercise these rights to ensure a proper balance between work and personal life.
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Frequently asked questions
- How many personal days does a domestic worker have?
- A domestic worker has no statutory personal days: the rules on domestic employment and the Workers' Statute (Estatuto de los Trabajadores) only provide for specific paid leave for set reasons (marriage, bereavement, hospitalisation and so on). It is common, though not compulsory, for the employer and worker to agree by contract on between 3 and 6 discretionary days a year. Any discretionary day must be set out in writing to be enforceable.
- If a domestic worker is on sick leave, who pays their salary and how many days can they be absent?
- On ordinary sick leave the worker is not paid for the first 3 days; from the 4th to the 8th day the employer covers the payment, and from the 9th day onwards it is assumed by Social Security (Seguridad Social) or the mutual insurer (mutua). There is no maximum number of days: the absence can continue for as long as the temporary incapacity lasts. Throughout the leave the employer must keep paying the Social Security (Seguridad Social) contribution, and in the case of a workplace accident the worker receives 75% of the regulatory base (base reguladora) from the day after the accident.
- How many days' holiday a year does a domestic worker have?
- A domestic worker is entitled to 30 calendar days' holiday a year, just like any other employee, whether they work full-time or by the hour. At least 15 of those days must be taken consecutively and, unless otherwise agreed, the dates are arranged between the two parties. Holiday cannot be replaced with money, because it is a right to genuine rest.
- What happens if a domestic worker is absent without notice or without justification?
- If a domestic worker is absent without justification, the employer can deduct the days not worked from their pay, since only absences covered by leave are paid. An unjustified absence of two consecutive days, or four non-consecutive days in a month, is treated as serious misconduct and may justify a disciplinary dismissal. If the dismissal is found to be fair, the worker only receives the final settlement (finiquito) — the proportional share of extra payments and holiday — with no compensation. If that dismissal were found to be unfair, the compensation would be 33 days' pay per year worked, capped at 24 months' pay.
