Spanish labor law allows for up to four days of paid leave when an adverse weather phenomenon, such as a heatwave, prevents safe access to the workplace or poses a serious and imminent risk to health. This measure is particularly relevant for exposed sectors like agriculture, construction, and gardening.
The existence of a red alert for high temperatures is a factor to consider, but it does not automatically justify the worker's absence. There must be a real impossibility of travel or a danger that cannot be mitigated by preventive measures from the company, such as changes in schedule or relocation to safe areas.
Before granting leave, companies must explore alternatives such as teleworking, adjusting schedules, reorganizing tasks, or providing shaded areas and sufficient water. Regulations require adapting outdoor working conditions when orange or red level alerts are in place.
This leave is paid, meaning the worker will not suffer any salary loss during the period the circumstances justifying their absence persist, with an initial limit of four days. If the situation continues, other options like a temporary employment regulation file (ERTE) can be explored.
The leave is not limited to outdoor work; it can also apply to office employees if access to the workplace is impossible due to official restrictions or emergencies. However, in air-conditioned offices, a simple red alert would not justify absence if normal access is possible.
Protection against heat is an employer's obligation. If the company fails to take necessary measures, the worker can report the situation to employee representatives, the prevention service, the union, or the Labor Inspectorate. The Ministry has intensified inspection activities in sectors exposed to thermal stress.
The key is to distinguish between a simply hot day and a situation of real danger when working or traveling. A red alert requires a review of working conditions, but leave will depend on the absence of safe alternatives. Prior communication by the worker is recommended, except in cases of extreme urgency.
