Five-day paid leave for hospitalisation of a family member or cohabitant: key considerations for effective management
The management of 5 days’ paid leave due to hospitalisation or serious illness of a family member or partner has become a common source of doubts and incidents in the workplace.
The increase in requests in recent months has led to a notable increase in labour disputes, especially after the recent National Court Ruling No. 1024/2025 of 7 March, which has marked a turning point in the interpretation of this right.
In this article we explain what this permit consists of, how to apply it correctly and what measures companies can take to avoid problems in its management.
What does the law say about paid leave for hospitalisation of a relative or cohabitant?
Article 37.3(b) of the Spanish Workers’ Statute (Estatuto de los Trabajadores) grants employees the right to five days of paid leave in the event of:
- An accident or serious illness
- Hospitalisation
Surgery without hospitalisation that requires home rest
In the context of this leave, hospitalisation implies an overnight stay in a medical facility. However, even short-term hospitalisation may qualify if the seriousness of the condition is adequately evidenced.
Importantly, this leave does not apply to routine medical appointments or check-ups.
The right applies when the affected individual is:
- The employee’s spouse or registered partner
- Relatives up to the second degree of kinship (e.g., parents, children, siblings, grandparents, grandchildren)
- Blood relatives of a registered partner
- Persons cohabiting with the employee who require care
Can this leave be used more than once?
Yes. Although initially subject to restrictive interpretations, the recent ruling by the Spanish National Court (judgment no. 1024/2025 of 7 March) has clarified that:
Each new qualifying event — hospitalisation, surgery, or serious illness — gives rise to a new right to five days of paid leave, even if it concerns the same person.
This means employers cannot limit this right to a single use per calendar year, as many previously did. Each incident justifies a new leave period, provided the cause is legitimate.
That said, in cases of chronic or recurring illness, employers may assess whether a new exceptional circumstance exists or whether the condition is simply ongoing.
Can the leave be taken in separate days?
Although the law does not expressly allow for splitting the five days, it may be agreed with the employer or union representatives, or provided for in the applicable collective bargaining agreement. This flexibility can be particularly useful where family members take turns providing care, allowing the leave to be used more adaptively.
Does the employee need to give prior notice?
Yes. While there is no legally fixed deadline, employees must notify their employer in advance, especially where the situation is foreseeable (e.g., scheduled surgery).
The existence of a justified reason for the leave does not excuse failure to notify. Lack of timely notice — particularly in predictable situations — may lead to disciplinary measures if the absence disrupts operations.
How are the five days calculated?
The leave consists of five working days, excluding weekends, public holidays, or the employee’s scheduled days off.
What if the hospitalisation lasts fewer than five days?
The duration of the leave should correspond to the length of the qualifying event. For example, if a hospital stay lasts only two days and no home recovery is required, only two days of leave would be justified.
However, if the patient is prescribed home rest after discharge, the full five days may be appropriate.
The Supreme Court’s recent ruling (judgment no. 191/2025 of 12 March) confirmed that employers may require a medical certificate to justify the need for home rest beyond hospital discharge.
Note, however, that this issue is not without legal debate. For instance, the Castilla-La Mancha High Court judgment no. 140/2025 of 14 March held that once the cause is established, the employee is entitled to the full five days, regardless of the hospital stay’s duration or severity.
What documentation can the employer request?
To verify the leave, employers may reasonably request:
- Proof of hospitalisation, serious illness, or surgery
Evidence of kinship or cohabitation
Importantly, employers may not demand access to diagnoses or sensitive medical details. Information provided must respect the employee’s and their family members’ right to privacy.
The purpose of the leave is to enable employees to support loved ones during serious medical circumstances. To ensure this, the qualifying event and the family or cohabitation relationship must be properly substantiated.
Practical recommendations for employers
Given the rising number of requests, it is advisable for companies to implement a clear internal protocol. Key recommendations include:
Defining the minimum required documentation
- Establishing objective criteria for chronic illnesses or repeated hospitalisations
Training line managers and supervisors on the scope and limits of the right
Monitoring use of the leave proportionately and lawfully, to prevent abuse without infringing on employee rights
Note: If the hospitalisation and required relationship are proven, the company must grant the leave — unnecessary barriers or refusals may constitute unlawful conduct.
Conclusion
The five-day paid leave for hospitalisation or serious illness of a family member is not limited to a single use per year. Each new qualifying incident entitles the employee to the full leave period.
Employers should manage these requests with proportionality and in accordance with the law. Proper handling helps avoid employment disputes and claims of rights violations.
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