If you leave a company with unused holiday, you do not lose it: the employer must pay for it. Unused vacation pay in Spain is usually a clear right. The mistakes tend to be in the calculation: which daily pay to use, how many days you earned and whether the employer counted them correctly.
The rule
Article 38 of the Estatuto de los Trabajadores (Workers Statute) sets a minimum of 30 calendar days of holiday a year; this is approximately equivalent to 22 working days, depending on how your collective agreement counts them. While you are employed, it cannot be exchanged for money. When your contract ends, unused days are compensated financially in your finiquito (final settlement).
How to calculate it, step by step
1. Days earned. At 30 calendar days per year, you earn 2.5 days per month worked. If your convenio colectivo (collective agreement) uses working days, it is about 1.83 a month (22 divided by 12). If the agreement gives you more days, use its figure.
| Months worked in the year | Calendar days earned |
|---|---|
| 3 | 7.5 |
| 6 | 15 |
| 8 | 20 |
| 12 | 30 |
2. Days already taken. Subtract these from the days earned.
3. Your daily pay. Take your gross monthly pay including prorated extra payments and divide it by 30. If you receive €1,800 in 12 payments, the daily amount is €60. If you receive €1,800 in 14 payments, first prorate: €1,800 × 14 ÷ 12 = €2,100 a month, or €70 a day.
4. Multiply. Outstanding days times daily pay.
A complete example
Carlos earns €1,800 gross per month in 12 payments and his contract ends on 31 August. He has worked eight months of the year and taken seven holiday days.
- Days earned: 8 × 2.5 = 20 days.
- Days outstanding: 20 − 7 = 13 days.
- Daily pay: €1,800 ÷ 30 = €60.
- Amount: 13 × €60 = €780 gross.
This amount is added to the other items in the final settlement. To estimate how much remains after taxes, use the gross-to-net salary calculator; for the other settlement items, see how to calculate your finiquito.
Common mistakes
- Using only basic pay. Daily pay should include regular wage items and prorated extra payments. Compare that with the amount in your final settlement.
- Counting months incorrectly. Partial months must be prorated: if you worked eight months and ten days, include those ten days.
- Deducting days because you resigned. Resigning does not erase holiday already earned.
- Accepting a total with no breakdown. Ask for each settlement item separately. If it does not add up, sign “not in agreement”; see how to sign a finiquito when you disagree.
If holiday overlapped with sick leave
If your holiday coincided with temporary incapacity (incapacidad temporal), you may take it later even after the calendar year has ended, provided no more than 18 months have passed since the end of the year in which it accrued.
Unused holiday and unemployment benefit
The holiday days paid in your final settlement can delay the date on which your legal situation of unemployment begins. Check your employer certificate and ask SEPE (Spain’s public employment service) when your paro (contributory unemployment benefit) starts before assuming any date.
Statutory holiday entitlement
To see how many days you are entitled to according to your working hours, seniority and collective agreement, see our statutory holiday days guide.