Interpretation of hospitalisation leave and force majeure leave

The Supreme Court of Catalonia has resolved a conflict centred on the interpretation of two paid leaves following the reform of article 37 of the Workers' Statute by Royal Decree-Law 5/2023.

The first dispute concerned the scope of the leave provided for in article 42.1 c) of the SISCAT sectoral collective agreement, relating to the hospitalisation of family members, and whether such leave should be extended after discharge from hospital when home rest is prescribed. The second point discussed the interpretation of article 37.9 of the ET on family leave due to force majeure, specifically whether it can be taken before the worker starts work.

In relation to hospitalisation leave, the SCJ analyses both the impact of Royal Decree-Law 5/2023 and the recent SC doctrine on this matter, cited in the ruling; in this regard, a distinction is made between hospital discharge and medical discharge, highlighting that hospital discharge does not necessarily imply recovery, as the person may continue to require care at home.

Thus, it concludes that workers will continue to be entitled to the leave provided for in Article 37.3 b) of the ET only when, following discharge from hospital, home rest is prescribed. On the other hand, if medical discharge occurs, the leave is terminated, as the situation justifying it ceases.

With regard to force majeure leave under article 37.9 of the ET, the judgment rejects the company's interpretation, which argued that it could only be exercised once the working day had begun because the term "absent oneself" is used in the regulation. It reasons that the leave is designed to respond to unforeseen situations that require the urgent presence of the worker, and that such situations can occur before the worker returns to work, and that it is contrary to the purpose of the rule to exclude these cases.

The SCJ concludes that leave due to force majeure must be exercisable both when the need arises during the working day and when it arises before the start of the working day, expressly recognising that workers may make use of this right even if the provision of services has not yet begun.

Consequently, the ruling fully upholds the collective dispute claim and declares the right of the company's staff to take both leaves in accordance with the interpretations set out above.

Article written by ECIJA Madrid Labour Law Department.