Holidays and sick leave for domestic staff — SPECTRUM DOMUS

1. Holidays and Sick Leave for Domestic Staff in Spain: A Complete Legal Overview

Holidays and sick leave for domestic staff are topics that raise many questions among employers in Andalusia. Spanish legislation clearly regulates these aspects, and non-compliance can lead to serious consequences. Every worker — whether a housekeeper with a contract in Seville, a gardener in Marbella, or a nanny in Málaga — is entitled to paid annual leave and to temporary incapacity benefits (incapacidad temporal). Employers are required not only to grant these rights but also to document them correctly. In this article, we provide a comprehensive breakdown of all domestic staff holidays and sick leave entitlements.

2. Annual Paid Leave: 30 Calendar Days for Domestic Staff

The right to paid annual leave is one of the fundamental labour rights in Spain. Under the Workers' Statute (Estatuto de los Trabajadores), every employee — including domestic workers (empleada de hogar) — is entitled to 30 calendar days of paid vacation per year. This leave cannot be replaced by financial compensation except upon contract termination, when payment is made for unused days. The vacation period is agreed between worker and employer, but at least 15 days must be taken consecutively. For more on formalising the employment relationship, see our «Employment Contract for Domestic Staff» guide.

3. Calculating Leave for Part-Time Workers and Special Cases

For part-time workers (jornada parcial), holiday entitlement is calculated proportionally. For example, a housekeeper with a contract working 20 hours instead of 40 per week still has the right to 30 calendar days of leave, but pay is calculated based on the reduced schedule. Keeping an accurate record of vacation days used and remaining is essential, particularly when managing domestic staff in Andalusia working across multiple households. If a worker falls ill during their holiday, the sick days are not counted as vacation days provided a medical certificate (baja médica) is issued.

4. Sick Leave for Domestic Staff: The Baja Médica Procedure

Sick leave (incapacidad temporal or IT) for domestic staff is processed through the Social Security system. The procedure starts with a doctor's visit resulting in the parte de baja — the medical certificate confirming temporary incapacity. This document must be submitted to the employer within three days of issue. During recovery, the doctor issues periodic confirmation certificates (partes de confirmación, typically weekly), and a discharge certificate (parte de alta) upon recovery. The employer is responsible for transmitting these documents to Social Security via the RED system or an authorised representative. Failure to complete this step can result in penalties.

5. Sick Pay: Who Pays and How Much for Domestic Staff

Sick pay depends on the cause of incapacity. For common contingencies (contingencias comunes) — ordinary illness or non-work accident — the first three days are unpaid. From day 4 to day 15, the employer pays 60% of the regulatory base (base reguladora) directly to the worker. From day 16 onward, the INSS (Instituto Nacional de la Seguridad Social) or mutual insurance fund pays 75%. For work-related accidents or occupational illnesses (contingencias profesionales), payment starts from the day after the incident at 75%. It is crucial that employers calculate the regulatory base correctly — we recommend our «Insurance for Domestic Staff» article for details.

6. Maternity and Paternity Leave for Domestic Staff

Special cases include maternity and paternity leave (permiso de maternidad y paternidad). Since 2021, both parents are entitled to 16 weeks of paid leave per child. The first six weeks are mandatory immediately after birth, while the remaining 10 weeks can be distributed flexibly during the child's first year. These benefits are fully covered by Social Security. For domestic staff in Andalusia, these rules apply in full, and the employer must grant the leave upon the worker's request. For more on your obligations as an employer, see our «Employer Rights and Obligations» guide.

7. Paid Leave for Family Circumstances: Permisos Retribuidos

In addition to annual leave, Spanish law provides paid leave (permisos retribuidos) for family circumstances: 2 days (4 days if travel is required) for the death, accident, or hospitalisation of a close relative; 1 day for moving house (mudanza); and up to 5 days per year for urgent family duties. Parental leave of up to 8 weeks for childcare is also available until the child turns 8. These days are paid by the employer and are not deducted from annual vacation entitlement.

8. Employer Liability for Non-Payment of Sick Leave or Denial of Vacation

Employer liability for non-payment of sick leave or denial of vacation is significant. The Labour Inspectorate (Inspección de Trabajo) may impose fines and require payment of all amounts due with late-payment interest (10% per annum). Workers may also seek moral damages through the courts. Proper documentation and timely payments are the best defence. We also suggest reviewing our complete «Employer Rights and Obligations» guide.

9. Practical Tips for Managing Holidays and Sick Leave

Practical tip: maintain an annual work calendar (calendario laboral) for each employee, recording all agreed dates. Keep copies of all medical certificates — parte de baja, confirmación, and alta. Archive all correspondence with the worker regarding holidays. In the event of an inspection, these documents will serve as your primary proof of compliance. We also recommend employer liability insurance — see our «Insurance for Domestic Staff» article. For additional guidance on employment formalities, see our «Employment Contract for Domestic Staff» article.

10. Professional Support for Holiday and Sick Leave Management

Proper management of holidays and sick leave for domestic staff is the key to peace of mind and regulatory compliance. Spectrum Domus offers comprehensive support: we help you calculate holiday entitlement, correctly process sick leave, and prepare all necessary documentation. We operate throughout Andalusia — in Seville, Málaga, Marbella, Granada, and beyond. Questions about your domestic staff's holidays or sick leave? Contact us via the contact form — our specialists will advise you on all aspects of Spanish employment law.