Coincidence Of Public Holidays With Vacations
When a public holiday coincides with an employee's vacation, the question may arise as to whether that holiday should be deducted from the vacation period or whether an additional day of rest should be granted. Although vacations and public holidays serve different purposes, their overlap does not necessarily determine the right to enjoy another day off. To resolve this issue, it is essential to understand how the collective bargaining agreement establishes the duration and calculation of vacation time.
The National Court, in its Judgment 147/2026, of September 16, examined this issue in the contact center sector and held that, when the collective bargaining agreement recognizes vacations in calendar days and the legally established minimums are respected, the overlap with a public holiday does not, in itself, give rise to additional rest.
How to Calculate Annual Leave
Article 38 of the Workers' Statute establishes that paid annual leave will have the duration stipulated in the collective bargaining agreement or the individual contract, and may not be less than thirty calendar days.
From this legal minimum, collective bargaining agreements may establish a longer duration or regulate the enjoyment of leave in calendar, working, or business days, provided that the minimum rights recognized to workers are respected.
The difference between these methods has important practical consequences.
When leave is set in calendar days, the period includes all consecutive days between its start and end. Therefore, both days on which there would normally be an obligation to work and Saturdays, Sundays, and public holidays that fall within that period are counted.
However, when the collective bargaining agreement establishes leave in working days, its calculation must be based on the days that are considered as such according to the applicable regulations and the distribution of the worker's working hours.
This distinction explains why the same holiday can have different consequences depending on the applicable collective bargaining agreement.
What happens when a holiday coincides with vacation?
Article 37.2 of the Workers' Statute recognizes the paid and non-recoverable nature of public holidays, while Article 38 regulates the right to annual leave.
These are distinct rights, although this does not mean they must always be taken on different dates.
The coincidence of a holiday with vacation must be examined taking into account the collective bargaining agreement, the duration of the annual leave, and how the vacation periods have been established.
When vacations are granted in calendar days, holidays falling within the agreed period are, in principle, included in the calculation. In these situations, the existence of a holiday does not automatically generate the right to extend the vacation.
The situation may be different when the collective bargaining agreement contains specific provisions regarding the exclusion of holidays, establishes rest on working days, or expressly recognizes certain compensations.
Therefore, there is no single solution that can be automatically transferred to all companies and sectors of activity.
The Importance of Collective Bargaining Agreements
Collective bargaining agreements play a crucial role in determining vacation duration and the conditions under which vacations are taken. Collective bargaining can improve upon the legally established minimums, extend the number of vacation days, and introduce specific rules regarding vacation splitting, start dates, and the treatment of certain holidays.
For this reason, the interpretation of collective bargaining agreement clauses must consider both their wording and the entirety of the provisions governing vacations.
If an agreement expressly distinguishes between calendar days and working days to regulate different types of vacation, this distinction must be taken into account when determining the scope of the recognized rights.
It is not appropriate to apply both concepts interchangeably or to partially combine different provisions of collective bargaining agreements to obtain a result that does not correspond to the agreed-upon terms.
Case law reiterates that collective bargaining agreements must be interpreted holistically, respecting the meaning of their clauses and the purpose of the agreements reached by those who participated in their negotiation.
The National Court Rejects Automatic Compensation for Public Holidays in Vacation Time
The National Court, Social Chamber, in its Judgment No. 147/2026 of September 16, 2026, issued in collective bargaining dispute 232/2026, analyzed this issue in relation to the Third National Collective Bargaining Agreement for the contact center sector.
The UGT union requested recognition of the right of workers to enjoy an additional day of rest when a public holiday coincided with their vacation period and, had they not been on vacation, that holiday would have been due to them according to their work schedule.
The sectoral agreement establishes a duration of thirty-two calendar days of annual vacation, exceeding the minimum of thirty days stipulated in the Workers' Statute.
Furthermore, it contains certain provisions regarding the splitting of vacation time and allows for four individual days to be taken on working days, by mutual agreement between the company and the employee.
The National Court considers this distinction relevant, since the negotiating parties expressly used the term "working days" when referring to this type of leave.
Consequently, the Court understands that the thirty-two calendar days recognized in the collective agreement include public holidays falling within the vacation period, without the automatic addition of compensatory time off.
The ruling also notes that this regulation respects the minimum requirements established by the Workers' Statute and by international and European regulations on annual leave.
Therefore, it dismisses the union's claim and rejects the demand for an additional day of vacation for each coinciding public holiday.
The limits established by national and international regulations
Vacation regulations must respect the minimum rights recognized in both Spanish legislation and applicable international and European standards.
Article 38.1 of the Workers' Statute guarantees a minimum of thirty calendar days of paid annual leave.
For its part, Article 7 of Directive 2003/88/EC recognizes a minimum period of four weeks of paid annual leave, while Convention 132 of the International Labour Organization, in its Article 3.3, stipulates a minimum of three working weeks.
Article 6 of this latter convention establishes certain rules regarding the calculation of public holidays in relation to the internationally recognized minimum vacation period.
The National Court interprets that this provision does not, in itself, allow for the inference of a general right to enjoy an additional day when a public holiday coincides with the annual leave regulated in the convention under examination.
The Court considers that the rest period provided for in the contact center sector meets the minimum requirements established by national, international, and European regulations, and that these provisions do not provide for the additional compensation requested.
It also notes that Directive 2003/88/EC regulates the right to annual leave, but does not establish a specific system for compensating national holidays that coincide with it.
A holiday included in the vacation period is not the same as one following its end.
One issue that must be distinguished is the coincidence of a holiday within the vacation period and the existence of a holiday immediately following the agreed dates.
In the first case, if the vacation is established in calendar days, the holiday can be included in the days counted as vacation leave.
However, when a holiday falls outside the previously established vacation period, it cannot be automatically added to the days taken.
This distinction has been recognized by case law itself, which differentiates between holidays included within the annual leave period and those that occur after the agreed-upon period has ended.
In its September 2026 ruling, the National Court cites another decision regarding the improper inclusion of holidays following split vacations, considering it a different situation.
Therefore, the precise determination of the start and end dates is of particular importance to avoid errors in calculating the number of days taken.
Setting Vacation Dates and the Agreement Between Company and Employee
Article 38.2 of the Workers' Statute establishes that the vacation period(s) must be agreed upon between the company and the employee, in accordance with the provisions of the collective bargaining agreement regarding annual planning.
Likewise, the vacation schedule must be established in each company, and employees must be notified of their assigned dates at least two months in advance.
These rules become particularly relevant when vacations coincide with public holidays, as they allow for advance notice of the distribution of time off and the dates included within the agreed period.
The National Court considers that setting vacation dates by agreement helps explain the differences that may arise between employees whose vacation periods include different numbers of public holidays.
For this reason, the mere existence of a difference in the number of public holidays does not necessarily imply that additional compensation must be granted.
In any case, the conditions for taking vacation must comply with the provisions of the collective bargaining agreement and legally recognized rights.
Recommendations for Companies
Proper vacation management requires verifying the conditions established in the collective bargaining agreement beforehand and applying them consistently with the distribution of working hours.
It is especially important to distinguish between vacations granted in calendar days and vacations expressed in working days, as well as to identify any special rules regarding splitting vacations and the start date of the leave.
It is also advisable to verify that vacation periods are properly agreed upon and communicated, that notice periods are respected, and that personnel management systems accurately reflect the days taken.
In companies that operate on weekends or holidays, the distribution of shifts may necessitate a more detailed review of the collective bargaining agreement provisions, especially when different work schedules exist.
Furthermore, collective or individual agreements that recognize more favorable conditions must be taken into account when determining the corresponding rights.
For companies, the main practical consequence is the need to review the conditions for taking vacation and avoid interpretations that do not comply with the applicable collective bargaining agreement.
You can contact this professional office for any questions or clarifications you may have.
