Religious holidays, fasting and time off at work in Spain

Key rules

• Public holidays: The national calendar follows Catholic dates, so festivals of other faiths are not days off.
• Agreement churches: Muslims, Jews and Evangelicals can observe rest days and festivals only by agreeing it with their employer.
• Lost hours: Hours missed for observance are unpaid and must be made up.
• No agreement: Other faiths have no automatic right, so ask for annual leave, flexible hours, shift swaps or unpaid leave.

The holiday calendar is Catholic-based

Spain has 10 national public holidays. Six of them are Catholic in origin: 6 January (Epiphany), Good Friday, 15 August (Assumption), 1 November (All Saints), 8 December (Immaculate Conception) and 25 December. The other four are 1 January, 1 May, 12 October and 6 December (Constitution Day).

Regions can replace some of these and add their own. Holy Thursday and Easter Monday, for example, are regional choices. Town halls then add two local days. Regional and local calendars are published each year, so check the one for your region and town. Your employer's work calendar will show which days apply to you.

None of these days is a holiday for Muslim, Jewish, Hindu or Buddhist festivals. To observe those, you need one of the routes below.

If you are Muslim, Jewish or Evangelical

Three faith communities have agreements with the state. If you belong to a church in one of them, you have a right to observe your rest days and festivals, but only by agreement with your employer.

• Muslims: Friday from the midday prayer (13:00 to 16:30) to the end of the working day. Also the end of Ramadan, the Feast of the Sacrifice and other listed festivals.
• Jews: the Sabbath, from sunset on Friday to sunset on Saturday, and the listed festivals.
• Evangelicals: Sunday for those who choose it, and Saturday observances for Adventists.

Fasting is also protected under these agreements.

Three things to know before you ask:

• Ask in advance. You cannot just stay away.
• You must make up the hours you miss. They are not paid, and they are added to other working time.
• The agreement does not override your employer's normal scheduling rules. It gives you a basis to negotiate, not an automatic day off.

If you work in the civil service or in education, your sector may have its own rules on top of this. Ask your HR department.

If your faith has no agreement

If you are Hindu, Buddhist, Orthodox or another faith without an agreement, you have no automatic right to religious leave. Your protection comes from freedom of belief and the rules against discrimination at work.

You can ask for:

• using annual leave on the festival day
• flexible or adjusted hours
• swapping shifts with a colleague
• unpaid leave

Your employer decides, unless your collective agreement (convenio) or company policy says otherwise. Check both. Using annual leave or flexible hours is usually the easiest route.

If your employer refuses

A refusal that is arbitrary or discriminatory can be challenged in the labour courts. Make your request in writing, give the dates well ahead, and offer how you will make up the time. A written record helps if you later challenge a refusal. For a dispute, get advice from a union or a labour lawyer.

Frequently asked questions

Do I get paid time off for my religious festivals if my faith has no agreement?

No, there is no automatic right to religious leave if your faith is not covered by an agreement, but you can ask your employer for it. You can ask for adjusted hours, a shift swap, unpaid leave or a day of annual leave.

Can I challenge my employer if they refuse my request?

Yes, you can go to the labour courts if the refusal is arbitrary or discriminatory. A refusal that simply follows business needs is harder to challenge.

If I am Muslim, Jewish or Evangelical, can I take the time off without my employer's agreement?

No, the right to observe rest days and festivals depends on agreeing it with your employer in advance. You must also make up the hours you miss, because they cannot be paid. Ask early and put the request in writing.

Who decides which local holidays apply where I work?

Your region and town hall decide, within the limit of 14 holidays a year, of which two may be local. Regions publish their calendar each year in their official gazette, and may move holidays that fall on a Sunday.