**Paid Leave for Hospitalization**
It’s surprising how many employees don’t fully understand how paid leave for a family member’s hospitalization really works, often losing days off or facing conflicts with their employer.
Fortunately, labor lawyers are increasingly clarifying these doubts on social media. One of them is Ignacio de la Calzada, who has explained in his profiles exactly what conditions the Workers’ Statute sets and what rights employees have in such cases.
**Hospitalization leave** is covered under Article 37 of the Statute, allowing workers to take up to five paid days off to care for relatives up to the second degree of consanguinity or affinity, including parents, children, grandparents, siblings, and in-laws (for married couples or registered partners).
One of the most confusing points is **when the leave actually starts**. According to the lawyer, the days are counted from the employee’s first working day: “If a relative is hospitalized on a Sunday and you weren’t working that day, the leave begins on Monday.”
*”About 25% of pneumonia cases lead to complications requiring hospitalization”* — RANME
Ignacio de la Calzada emphasizes that **the employee is not required to take the leave immediately at the time of admission**. It can be used at any point while the relative remains hospitalized or requires medically certified bed rest at home.
Another key point is that the leave lasts five full days, even if a collective agreement specifies fewer days: “The Statute always prevails if it improves the worker’s conditions.”
Moreover, hospital discharge does not automatically end the leave. If the relative still needs rest and care at home, the employee can continue enjoying the paid leave until it expires.
Do you now have a clear understanding of how hospitalization leave works? This is a leave that the employer cannot deny, provided the employee submits a written request. If the company refuses, it is advisable to file a complaint with the Labour Inspectorate to prevent such situations from recurring.