New worker protections: Paid leave for disasters and climate change regulations

At a glance

• Spain has implemented a series of new laws and regulations to protect the rights of employees in unforeseen circumstances.
• The Workers' Statute now provides for paid leave of up to four days for workers who are unable to reach their workplace due to a catastrophe.
• The definition of force majeure has been updated to include the scenarios outlined for the new paid leave, effective after the initial four days.
• A new regulation has been introduced to protect workers from climate change effects, which is to be adopted within 12 months.
• New information and negotiation obligations with employee representatives.

New paid leave for catastrophes

The Workers' Statute now provides for paid leave of up to four days for workers who are unable to reach their workplace because of recommendations, restrictions or prohibitions on movement by public authorities, or in situations of serious and imminent risk, including those caused by disasters or adverse weather conditions. This leave may be extended until the circumstances justifying it have ended. Where remote working is feasible, companies may implement it, subject to the formal and substantive obligations of the Remote Working Act.

The definition of force majeure has been updated to include the scenarios outlined for the new paid leave, effective after the initial four days.

The obligation to inform employee representatives now requires companies to inform employee representatives of the measures planned in response to alerts for disasters and adverse weather conditions.

Collective bargaining agreements must include risk prevention protocols that specifically address measures in response to disasters and adverse weather conditions.

New climate change regulation

A new regulation must be adopted within 12 months to protect workers from the effects of climate change in the workplace.

Specific issues related to the Valencia floods

Suspension of procedural deadlines will be lifted from 2 December and deadlines will start again from the beginning. Deadlines for notification, preparation, formalisation and appeals against decisions closing the proceedings will be extended by the same period as provided for in the Regulatory law of Social Jurisdiction.

Clarification on the prohibition of dismissal, the consequences of the prohibition of dismissal under Article 46.1 of Royal Decree 7/2024 include the obligation to return aid, is referred to the exemptions from contributions established in Article 18 of Royal Decree 6/2026. This obligation applies only to the exemptions granted to the worker affected by the infringement.