Being on holiday does not protect you from dismissal and does not give you more time to challenge it. That is the uncomfortable part. The useful part is that the deadline can be managed from the beach if you know how it is counted, and that your holiday days are not lost.
They can dismiss you on holiday, and it is not null for that reason
Article 38 of the Estatuto de los Trabajadores (Workers Statute) regulates annual holiday: at least 30 calendar days, which cannot be replaced by money, with dates agreed and a calendar known two months ahead. It says nothing about dismissals during that period. And article 55.5, which lists the cases of nullity, does not include being on holiday. Being on holiday does not, by itself, change how the dismissal is classified.
What counts is what always counts: a proven ground, a written letter with the facts and the effective date (art. 55.1), and no discriminatory motive or other protected situation. More in fair, unfair and null dismissal.
Holiday does not stop the 20-day clock
Article 59.3 sets that the action against dismissal expires after twenty days, working days, and that the period is interrupted by filing the conciliation request. There is no paragraph suspending it for holiday. So treat the deadline as running without a pause.
| Question | Answer |
|---|---|
| When does it start? | The day after the effective date |
| Does August count? | Yes, for dismissal |
| Does being on holiday pause it? | Not in the Statute |
| What interrupts it? | The conciliation request |
How working days are counted, with a calendar, is in the deadline to challenge a dismissal.
An example with dates
Ana is on holiday from 3 to 14 August 2026. On Monday 3 August the dismissal letter reaches her, effective that same day. She counts like this:
- First working day: Tuesday 4 August.
- From 4 to 14 August there are 9 working days (weekends do not count): by the time her holiday ends, she has used 9 of the 20.
- She returns on Monday 17 August. She has 11 working days left.
- Day 20 is Monday 31 August, assuming no local holidays in that stretch.
If she waits until she is back at work to act, she has less than half the time. If she files the conciliation request on 5 August, the period is interrupted until the conciliation hearing and then resumes with what she had left.
The effective date changes the calendar. If the letter said the dismissal takes effect on 31 August, the first countable day would be 1 September and day 20 would be Monday 28 September, with no local holidays. So the effective date matters more than the day you open the envelope.
What happens to the holiday days you had left
Accrued holiday not taken when the contract ends is paid in the finiquito (final settlement). Suppose Ana has a monthly salary of €1,800 with extra payments prorated, that is €60 a day, and when the dismissal happens she had 18 days left:
- 18 days × €60 = €1,080, to be included in the finiquito.
That calculation, with the extra payments and the current month, is in how unused holiday is paid and in the final settlement on dismissal. And remember that signing the finiquito does not stop you challenging the dismissal, but it is worth signing “not in agreement” if something does not add up.
If you dispute the reason for dismissal, check how to calculate unfair dismissal severance in Spain before accepting the employer’s breakdown.
If you are on sick leave during your holiday
Article 38.3 has a specific rule: if the holiday period coincides with temporary incapacity that stops you taking it, you can take it when the sick leave ends, provided no more than eighteen months have passed since the end of the year in which it arose. That has nothing to do with dismissal, but it explains why pending days are sometimes more than you expect. For dismissals during sick leave, see dismissal while on sick leave.
Switching off is fine, but check your messages
Article 20 bis of the Statute recognises the right to digital disconnection, and it is reasonable not to answer your work phone on holiday. But a dismissal letter is the exception worth watching for: disconnection is not among the causes that stop the article 59.3 deadline. If you suspect your employer may be preparing an exit, check your personal email and your post box every few days. And if a message mentions dismissal, do not wait until Monday: note the date and start counting.
Why your case may be different
- You do not know the effective date. If the letter does not give one, the deadline is more open to dispute. Always count from the earliest reasonable date.
- The letter came by registered post or to your home. The Statute does not say when it is deemed received. Do not wait to open it.
- Your collective agreement has its own holiday rules. It may set periods or notice differently, but it does not change the legal deadline to challenge.
- Temporary contract. The same 20 working days apply to the termination of temporary contracts (art. 59.3), so do not count on more room.
What to do if you are dismissed on holiday
- Note today the date and time you find out, and keep the letter or message.
- Count 20 working days from the next day, using your town’s calendar.
- File the conciliation request as soon as possible, even if you are away.
- Ask for your pending holiday to be calculated and sign the finiquito “not in agreement” if you disagree.
This information is general guidance. When deadlines or money are at stake, speak to an employment lawyer (abogado laboralista) or a union.