They arrive, for many, the expected summer vacation. Unfortunately, sometimes this rest period coincides with a health problem that prevents us from enjoying them. He Workers Statutein his Article 38titled 'Annual leave'It is very clear about it and brings good news for employees who suffer from some setback on these dates. The text of the aforementioned article establishes two possible scenarios.
The first of these suggests that the holidays coincide with a temporary disability produced by a pregnancy, childbirth or natural breastfeeding. He Workers Statute affirms the following: “You will be entitled to Enjoy vacations on a different date from the temporal disability or the enjoyment of permission That by application of said precept it corresponded, at the end of the suspension period, even if the calendar year is over. “
A woman rests in a pool.
The second scenario states that our vacations can coincide with some “temporary disability” that has nothing to do with the previous assumption and that prevents “totally or partially” enjoying the rest of the worker. Article 38 of the Workers' Statute ensures that the affected person “You can do it once your inability ends And whenever no more than eighteen months have passed since the end of the year they have originated. “
That is, if the employee is facing a health problem or pregnancy, childbirth or breastfeeding period, The holidays are not lost. The aforementioned legal text maintains that we can enjoy the rest period later. On the other hand, point 1 of article 38 ensures that the annual paid holidays cannot be substituted for financial compensation. Although holidays, according to the Workers Statutethey can be agreed between entrepreneur and worker, “in no case will the duration be less than thirty calendar days.”
