If your sick leave (baja médica) falls on your holidays, the holidays are not lost. The Workers Statute lets you take them afterwards and sets a time limit for doing so. What changes is how long you have, and that depends on the reason for the leave.

The rule in article 38.3

Article 38.3 of the Statute distinguishes two cases:

Reason for the leave What you can do Time limit
Temporary incapacity due to pregnancy, childbirth or breastfeeding, or suspension for birth (art. 48.4, 5 and 7) Take the holidays on a different date, at the end of the incapacity or the suspension Even if the calendar year has ended
Temporary incapacity for other reasons that prevents you from enjoying them, fully or in part Take them once the incapacity ends Up to 18 months from the end of the year in which they were earned

The article refers to the holiday period set in the company calendar when it coincides with the incapacity. The leave has to make the holiday impossible, in whole or in part.

An example with dates

Irene has 14 days of holiday in August 2026, from 3 to 16 August. On 30 July she goes on sick leave for a health problem, and the discharge comes on 20 August.

  • The leave prevents her from taking the holiday in full.
  • She is entitled to take it when the incapacity ends, that is, from 21 August.
  • The maximum period is 18 months from the end of the year in which they were earned: from 31 December 2026, until 30 June 2028.
  • If she had fallen ill on 10 August, she would have enjoyed 7 days (3 to 9) and could take afterwards only those the leave prevented.

Agree a date with your employer as soon as you can. The 18 months are a ceiling, not a margin to let it slide.

Another example: a long leave

Diego had 22 days of 2026 holiday pending because he was on sick leave from 1 June 2026 until 15 March 2027 and could not take them.

  • Year in which they were earned: 2026, which ends on 31 December 2026.
  • 18-month period from that date: until 30 June 2028.
  • Discharge date: 15 March 2027. He has about 15 and a half months to take the 22 days.

He does not lose the holidays because the leave ran past the calendar year. It does pay to agree the dates with the employer early, because once the article 38.3 period has passed he has no backing in that rule.

If you receive a discharge you disagree with, check the correct procedure to challenge a medical discharge in Spain; the route depends on the situation.

An employer’s check is different from a medical discharge: see the limits on employer checks during sick leave in Spain.

What article 38 says and what it does not

Article 38 regulates the right to take holidays after the leave and its time limit. It does not spell out how many days can be joined in a single block, what happens to pay during holidays that coincide with a leave, or whether a leave that starts before the holidays is treated the same as one that starts during them. Those questions depend on your convenio, your contract and how the courts read them. If you have a specific case, a trade union or an employment lawyer can review it with your papers in front of them.

Example with pregnancy and birth

Lucía has holidays from 12 to 25 October 2026 (14 days). On 5 October a temporary incapacity linked to pregnancy begins, followed by the contract suspension for birth until 28 March 2027.

  • The holidays coincide with an incapacity due to pregnancy, so the general 18-month limit does not come into play.
  • She is entitled to take them at the end of the suspension period, that is, from 29 March 2027.
  • The fact that 2026 has already ended does not take them away: article 38.3 says so expressly.

What still applies

  • Not replaceable by money. Article 38.1 says paid annual holiday cannot be compensated in cash. The minimum is 30 calendar days, or whatever your convenio (collective agreement) or contract sets.
  • Date by agreement. Article 38.2 says the period is set by agreement between the employer and you, following the collective agreement. If there is no agreement, the social jurisdiction decides in a summary, priority procedure.
  • Notice. The company calendar must give you your dates two months before they start (art. 38.3).
  • How many days you have. See how many holiday days the law gives you.

Why your case may be different

  • When the leave starts. The article speaks of coincidence with the holiday period fixed in the calendar. If the leave starts in the middle of the holidays, the part you could not enjoy counts.
  • If the employment ends. If the contract ends, the situation changes. It is explained in unused holiday pay in Spain.
  • Your convenio. It may improve time limits and conditions.
  • The reason for the leave. It changes the time limit, as the table shows.
  • What the employer tells you. If it says the holidays count as taken during the leave, ask for that in writing and compare it with article 38.3.

What to do if they overlap

  1. Hand in the sick note to the employer as soon as possible, with the dates.
  2. Note the holidays the leave prevents you from taking, with the calendar dates.
  3. When you are discharged, ask in writing for a new date for those days.
  4. Keep the replies. If there is no agreement, article 38.2 provides a fast court route.
  5. Watch the 18-month limit, if the leave is not for pregnancy, childbirth or breastfeeding.

How much you are paid during the leave is in how much sick leave pay you get. And if you are dismissed while on leave, see being dismissed while on sick leave.

This page is general information. With deadlines or money at stake, speak to an employment lawyer (abogado laboralista) or a trade union.