Family emergency leave (technically, absence due to family force majeure) allows the worker to be absent from work when necessary for urgent family reasons related to family members or cohabitants, in the event of an illness or accident that makes their immediate presence essential. Its differential feature is immediacy: it is not used for plannable actions, but for emergencies that require action at that moment.
1) Legal basis: article 37.9 of the Workers' Statute
The regulation is in the art. 37.9 ET, incorporated/adjusted within the framework of Royal Decree-Law 5/2023 (conciliation). The precept recognizes the right to be absent due to family force majeure and establishes the key rule: Absence hours must be compensated up to the limit equivalent to 4 days a year, "in accordance with the provisions of the collective agreement or, failing that, agreement between the company and legal representation."
2) Duration: "equivalent to 4 days a year"… and is normally enjoyed for hours
- Annual limit: paid hours equivalent to 4 days/year.
- Way of enjoyment: the norm speaks of "hours of absence", which in practice translates into permission fractionable (for hours or fractions of a day) when the emergency is resolved in a short time.
- How it is calculated in a company: "4 equivalent days" depend on the day. Operational example: if the daily working day is 8 hours, the equivalent annual limit would be 32 hours (unless the agreement specifies the calculation). This approach (annual bag of hours) is the one that best fits with the literal of art. 37.9 ET.
3) Remuneration: absence is paid as work time
The key to HR HH. and payroll: is paid. Various doctrinal interpretations and resolutions have reinforced that Those hours of absence must be paid within the annual limit.
4) Who it covers: family members and cohabitants
The permission is not limited to strict kinship: it includes relatives and also cohabiting people (provided that the emergency arises from illness/accident and requires immediate presence).
5) When it is appropriate (and when it is not): "immediate presence" is the filter
Yes applicable when they occur at the same time:
- Urgent family reason (Force Majeure).
- Illness or accident.
- Need for immediate presence (not deferrable).
It usually generates conflict when:
- It is intended to be used for scheduled medical appointments, predictable procedures or non-urgent procedures.
- The company treats it as "permission in days" without taking into account the approach of hours of absence of art. 37.9 ET (origin of disputes over computation).
6) Justification: what the company can ask for and how to document it
Article 37.9 ET provides that proof of reason "if applicable", and that the management detail is specified in agreement or agreement with legal representation. Practical recommendation:
- Request proof of emergency/attendance report/incident or equivalent document that certifies the situation and immediate need.
- Avoid asking for unnecessary clinical information; It is enough to prove the qualifying cause (emergency due to illness/accident).
7) Difference with other permissions that are confused (very important)
To apply it well, it is convenient to separate three common figures:
- Art. 37.9 ET (family force majeure): urgency + immediate presence, annual bag equivalent to 4 days, usually for hours.
- 5 day permit due to an accident or serious illness, hospitalization or surgical intervention (another different figure, in "days", with different logic).
- Other paid leave (death, transfer, inexcusable duty, etc.) with its own rules.
8) Typical examples (to land it in a company)
- Call from the medical center: a cohabitant suffers a domestic accident and requires immediate support.
- Dependent family member has an acute episode and needs presence for urgent transfer/management.
- Minor in charge suffers a school accident and immediate presence is required to attend. (In all cases: real urgency, illness/accident and immediate presence.)
9) Implementation checklist for HR. HH. (avoid errors and complaints)
- Define internal policy (if there is no detailed agreement/agreement): notification channel, minimum accepted documentation, and how the hours are allocated.
- Set up payroll with the concept of "force majeure paid leave (art. 37.9 ET)" and annual accountant (stock exchange).
- Computation criterion: hours (and equivalent to days) consistent with the day and with what the agreement/agreement provides.
- Command training: that they know how to distinguish urgency vs. 5 day permit vs. own affairs.
- Traceability: internal record of date, hours, proven reason and documentation provided (without exceeding sensitive data).
Frequently asked questions
Can you order "without notice"?
There is no typical "notice" because the urgency is usually unexpected. It is advisable to communicate it as soon as possible and provide accreditation when available.
Is it 4 calendar days or business days?
The art. 37.9 talks about hours equivalent to 4 days; the operation is usually aligned with working day/time, not with calendar days. The detail can be specified by agreement or agreement.
Can I use it for a family member's scheduled doctor's appointment?
If it is scheduled and does not require immediate presence, normally fits worse; This permit is designed for force majeure and urgency.
