From phenomena such as the DANA to transport collapsed by storms to red alerts due to floods or extreme heat episodes. Climate change is a fact, and borderline atmospheric phenomena are and will become more and more common. Until now, this did not affect work performance and was not an excuse to take time off work, but since November the government has approved a paid leave of absence from work in the event of adverse weather phenomena.
This is Royal Decree-Law 8/2024, which introduces a paid leave of up to four days for these cases. The measure, which amends Article 37.3 of the Workers’ Statute, seeks to protect the integrity of employees in the event of mobility restrictions or situations of extreme weather risk.
The regulation arose as an urgent response to the damage caused by the Isolated High Level Depression (DANA) that affected several Spanish municipalities between October 28 and November 4, 2024. In a context of climate change and an increase in extreme events, this reform is proposed as a legal instrument for labor protection and risk prevention.
How many days of leave can be requested
According to the new Article 37.3.g, the leave covers up to four paid days in which the competent authorities prevent or advise against access to the workplace.
Once this period has elapsed, the leave may be extended if the meteorological circumstances that motivated it persist, although this extension may be accompanied by other labor measures such as temporary suspension of the contract or reduction of working hours, in application of Article 47.6 of the Statute.
In those cases in which the tasks can be performed remotely, the company may opt for teleworking, in accordance with the provisions of Law 10/2021, on remote work, provided that the provision of adequate technological means is guaranteed.
Climatic ERTE, the other side of the permit
In addition to the new leave, the Royal Decree-Law also amends Article 47.6 of the Statute to speed up the application of ERTE due to force majeure when it is still impossible to work in person after the first days of leave.
Likewise, a new section (4.e) is added to Article 64, which obliges companies to inform workers’ representatives of the measures foreseen in the event of weather alerts. This requirement is part of the Occupational Risk Prevention Law and aims to ensure that business decisions are aligned with health and safety protocols.