Booking leave when employers refuse, shut down or limit carryover

Key rules

• Notice: Your employer must let you know your leave dates well ahead, so you can plan.
• Imposed dates: An employer can impose dates only if the convenio or a collective agreement allows it.
• Court claim: You do not need conciliation before bringing an urgent leave claim to the labour court.
• Carryover: Unused leave is normally lost at year end, except after illness, accident, or birth, adoption or foster care leave.

Who decides your leave dates

Your leave dates are set by agreement between you and your employer. The agreement must follow your convenio (the sector or company collective agreement) and any yearly leave planning at your company. The employer cannot simply pick your dates.

The calendar is fixed in advance. You must know your leave dates at least two months before they start.

When your employer can impose a shutdown

An employer can impose dates only where the convenio or a collective agreement allows it. A common example is a cierre colectivo, a collective closure, in August or at Christmas. The company calendar can also be agreed with worker representatives.

Without that basis, your dates need your agreement. Even with a shutdown, you keep your full minimum leave, and the two-month notice still applies. In practice, part of your leave is often left for you to choose.

Check your convenio to see what your employer is allowed to do.

If your employer refuses or imposes dates

If you cannot agree on dates, or the employer imposes them without a basis, you can bring an urgent claim to the labour court (juzgado de lo social). You must file within 20 working days of learning the dates.

• You do not need to try conciliation first.
• The procedure is urgent and takes priority over other cases.
• The ruling is final. It cannot be appealed.

Do not wait. Count the 20 working days from the day you learn the dates. The timeline below shows the steps in order.

Unused leave and carryover

Leave must be taken within the calendar year it belongs to. You cannot normally carry it over by choice. Some convenios allow other carryover arrangements, so check yours.

There are exceptions. You can take your leave later, even in the next year, if you could not take it because of:

• temporary incapacity (illness or accident) linked to pregnancy, childbirth or breastfeeding, or
• leave for birth, adoption or foster care. You take your holiday after that leave ends.

If you fall ill before or during your holiday

If an illness or accident starts before your leave, or during it, you keep the right to take those days later, even after the year ends. You have 18 months from the end of the year in which the leave arose.

Tell your employer and prove the incapacity with a medical sick note. Your employer may ask for proof that the incapacity really stopped you from resting.

Common questions are answered in the FAQ below.

Timeline and deadlines

• Agree your leave dates with your employer: Before the leave calendar is fixed, following your convenio and any annual leave planning

• Take your leave within the year: By 31 December of the year it relates to

Frequently asked questions

Can I carry unused leave over into next year?

No, not by choice: leave normally has to be taken within the calendar year it relates to. The exception is when illness or an accident, or leave for birth, adoption or foster care, stopped you taking it. Then you can take it later, and for sick leave within 18 months from the end of the year it arose.

What happens to my leave days if I fall ill during my holiday?

You keep the right to take those days later if sick leave starts before your holiday or during it. Tell your employer and prove the incapacity with a medical sick note. Your employer may ask for proof that the illness genuinely stopped you resting.

Can my employer force me to take leave in August?

Yes, but only where your convenio or a collective agreement allows it, such as a collective shutdown in August or at Christmas.

Do I need to try conciliation before taking a leave dispute to court?

No, you do not need a prior conciliation before bringing a leave-dates claim to the labour court (Juzgado de lo Social). The procedure is urgent and preferential. The ruling is final, with no appeal.