Supreme court clarifies scope of force majeure leave for family emergencies

The Supreme Court has issued a ruling to clarify the extent of force majeure leave under Article 37.9 of Spain's Workers' Statute, solidifying its retributive nature and establishing clear criteria for when it can be used, who is covered, and its operational limits.

Leave designed for urgent family situations

The force majeure leave was created to provide coverage for unexpected, urgent situations linked to the illness or accident of family members or cohabitants, as long as the worker's immediate presence is deemed indispensable.

Unlike the five-day leave, it is not intended to resolve a prolonged absence, hospitalization, or ongoing caregiving needs. Instead, it serves as a quick response mechanism to address a critical moment when someone must attend to a family emergency.

As such, the debate centers on proving the urgency, family ties, degree of cohabitation, and real need for immediate presence, with the court recognizing the right.

Eligible individuals and duration

The Supreme Court also clarifies the scope of individuals covered, including children, ascendants, other relatives, and cohabitants, confirming that family ties extend beyond immediate relatives.

While not unlimited, the leave is capped at four days per year, which can be taken in hours as well. Additionally, regional authorities may impose temporary restrictions, reinforcing its exceptional nature.