The National Court clarifies that paid leave for hospitalization of family members does not have an annual limit of five days. The labor court recalls that each new triggering event gives rise to an independent right to the leave provided for in Article 37.3 b) of the Workers' Statute.
The National Court (AN) has clearly ruled in Judgment No. 39/2025, of March 7, on an issue that directly affects work-life balance: paid leave for hospitalization of family members regulated in Article 37.3 b) of the Workers’ Statute.
Several companies had been applying a limitation that meant recognizing a maximum of five working days per year, regardless of how many times the event occurred. This practice, now declared null and void, represented a cut not provided for in the law and created legal uncertainty among the workforces.
The Court recalls that the Statute does not establish any annual limit: each new hospital admission, serious illness, or surgical procedure requiring home rest entitles the employee to separate leave.
Limiting it to a single block of five days per year restricts a basic right and may be considered contrary to law.
Furthermore, the court rejects the idea that leave automatically ends upon discharge from hospital. The ruling specifies that if home rest is prescribed after hospitalization, the worker is entitled to continue their leave, as the purpose of the rule is to guarantee care and attention for the family member.
Terminating leave upon discharge from hospital without assessing the need for rest at home violates the rule and case law.
Another key element of the ruling is gender perspective. The Chamber recalls that this type of leave is mainly taken by women, and that restricting it perpetuates inequality in care. The application of the principle of effective equality (Art. 4 LO 3/2007) requires these rules to be interpreted in favor of work-life balance rights.
In conclusion, the National Court’s criteria are clear:
- The five-day leave must be granted each time there is a new triggering event, with no annual limit.
- Discharge from hospital does not automatically extinguish the right if home rest is prescribed.
- The interpretation must favor work-life balance and shared responsibility.
Our firm recommends reviewing internal leave policies to bring them into line with this doctrine and avoid potential collective disputes or individual lawsuits.
Please contact our firm if you have any questions or require further clarification on this matter.
For further information, please consult our Labor Consulting.
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