Sick Leave and Parental Leave: What Is the Impact on Vacation, Vacation Allowance, and Christmas Bonus?

We know that, as a rule, in each calendar year, a worker is entitled to a minimum period of 22 working days of vacation, which accrues on January 1st, based on the work performed in the previous year. Exceptionally, in the year of admission (and in other specific cases), the worker is entitled to two working days of vacation for each month of the contract’s duration in that same year, up to a maximum of 20 days.

But what happens when a worker is unable to take their vacation due to being on medical leave for health reasons? Or when they are on parental leave following the birth of a child? In these cases, how many vacation days is the worker actually entitled to? When can they take them? And what about the Christmas bonus?

The impact of a worker’s absence on vacation entitlement, vacation allowance, and Christmas bonus depends on the nature and duration of the absence. Notably, different rules generally apply to medical leave and parental leave.

Let’s look at some examples:

1. On November 30, 2024, a worker began their initial parental leave and returned to work after five months. What are their vacation rights?

Since initial parental leave is considered equivalent to actual work, it has no impact on vacation entitlement, meaning that, for legal purposes, work is deemed to have been performed during this period.

Thus, despite the worker's absence, on January 1, 2025, the 22 working days of vacation accrued as usual, and the employer is responsible for paying the full corresponding vacation allowance.

The same rule applies to most temporary absences related to parenthood. However, an exception is made for leave to care for a child or for a child with a disability, chronic illness, or cancer, in which case the same rules as for medical leave (lasting more than one month) apply.

Regarding the Christmas bonus, the employer will only pay the proportional amount corresponding to the period of actual work performed in that calendar year. For the period when the worker was absent, Social Security will cover the so-called "compensatory benefits," provided they are duly requested.

2. On March 1, 2023, a worker became temporarily unable to work due to illness (medical leave). In the current year (2025), they return to work. How many vacation days are they entitled to?

In the year when the employment contract was suspended due to illness (2023), the 22 working days of vacation had already accrued on January 1st (assuming it was not their year of admission).

Regarding the unused vacation from 2023, the worker could have chosen either to take it by April 30 of the following year or to receive the corresponding payment from the employer, in both cases being entitled to the vacation allowance (paid by the employer). As for the Christmas bonus, the employer would only pay the proportional amount corresponding to the period of actual work performed in that calendar year.

For the year 2024, since the contract was suspended, no vacation accrued on January 1st. Therefore, the employer would not be required to pay any amount for vacation or vacation allowance. The same applies to the Christmas bonus. However, the worker may apply to Social Security for compensatory benefits for vacation allowance and Christmas bonus.

Regarding the year they return to work (2025), the worker will be entitled to vacation as if it were their year of admission, meaning two working days of vacation for each month of the contract’s duration, up to a maximum of 20 days.

These vacation days can be taken after six full months of contract execution or, if the calendar year ends before that period is completed, by June 30, 2026.

3. And what if the worker, instead of returning to work, terminated their employment contract immediately after the prolonged absence?
In this case, if the contract is terminated after a prolonged absence, the worker would be entitled to the payment of salary and vacation allowance corresponding to the period of actual work performed in the year the suspension began. In our example, the worker would be entitled to the proportional amount for the period worked from January 1, 2023, to February 28, 2023. Additionally, they would still be entitled to any accrued but unused vacation (which accrued on January 1, 2023, based on work performed in 2022) and the corresponding vacation allowance.