In the workplace, vacation time is a right that all employees have, and it’s essential to make sure they’re aware of this. In most cases, employees often wonder how many days off they’re entitled to, since this isn’t always specified in their contracts or communicated to them. That’s why, in this article, we’ll explain how to find out how many days off you’re entitled to at work.
Regulations Governing Employee Vacations: Article 38 of the Workers' Statute
Labor regulations in our legal system address annual leave in Article 38 of the Workers’ Statute, which states:
<< Art. 38. Annual Leave.
1. The period of paid annual leave, which cannot be substituted with monetary compensation, shall be as agreed upon in the collective bargaining agreement or individual employment contract. Under no circumstances shall the duration be less than thirty calendar days.
2. The period or periods during which it is enjoyed It will be determined by mutual agreement between the employer and the employee, in accordance with the provisions of the applicable collective bargaining agreements regarding annual vacation scheduling.
In the event of a disagreement between the parties, the competent court shall set the date on which the right may be exercised, and its decision shall be final. The proceedings shall be summary and given priority.
3. The vacation schedule will be set by each company. The employee will be notified of the dates applicable to him or her at least two months before the start of the leave.
When the vacation period set forth in the company’s vacation calendar referred to in the preceding paragraph coincides with a period of temporary disability resulting from pregnancy, childbirth, or breastfeeding, or with the period of suspension of the employment contract provided for in paragraphs 4, 5, and 7 of Article 48, the employee shall be entitled to take the vacation on a date other than that of the temporary incapacity or that of the leave to which she is entitled under that provision, upon the expiration of the suspension period, even if the calendar year to which the vacation corresponds has ended.
In the event that the vacation period coincides with a temporary disability due to circumstances other than those indicated in the preceding paragraph, which prevents the employee from taking the vacation, in whole or in part, during the calendar year to which they correspond, the employee may take them once the incapacity ends, provided that no more than eighteen months have elapsed since the end of the year in which they arose. >>
What is the difference between vacation days counted in calendar days and vacation days counted in workdays?
In this context, it is common to come across terms such as «calendar days» and «business days.» Although they may sound similar, these two terms have fundamental differences that directly affect time management and work planning.
Calendar Days
Calendar days are simply the full 24-hour periods that run from midnight to the following midnight. It is the most basic and natural way to measure time, covering the 24 hours that make up a day. When calculating periods in calendar days, all days of the calendar are included, regardless of whether they are weekdays or weekends.
Business Days
On the other hand, business days refer specifically to the days on which employees are expected to work, excluding weekends and holidays. In most cases, workdays are Monday through Friday, although this may vary by country and industry. The concept of workdays is essential for project planning, setting deadlines, and time management in professional settings.
Key Differences
1. Inclusion of weekends:
- Calendar Days: These include all days of the calendar, including weekends.
- Business Days: Excludes Saturdays and Sundays, focusing on the standard workweek.
2. Impact on deadlines and projects:
- Calendar Days: Useful for ongoing calculations or when there is no need to specifically account for working hours.
- Business Days: Essential for planning projects and deadlines in a work context, where activities take place primarily during the workweek.
3. Vacation and Absence Management:
- Calendar Days: These include all days, which may be relevant when managing vacation periods or longer absences.
- Business Days: Important for calculating the duration of time off or leave when you want to know the impact on your daily work.
When can you take the days off you're entitled to at work?
The period during which you may take the days off to which you are entitled at work must be set by mutual agreement between the employer and the employee, in accordance with the provisions of the applicable collective bargaining agreement regarding annual vacation scheduling. Many collective bargaining agreements include specific rules on how to schedule vacations, such as allocation by shifts, a lottery, seniority, or the employee’s preference.
In any case, The employer must notify the employee, at least two months in advance, of the period during which the employee will take vacation.. In addition, employees must know their vacation dates before the end of the previous calendar year.
What happens when there is no agreement on setting vacation days? In the event that In the event of a dispute between the employer and the employee, the labor court will set the dates on which the employee is to take the corresponding days off, Its decision is final.
What other days off are you entitled to at work?
In addition to vacation time, there are other types of days off you’re entitled to at work for various reasons, such as:
- Personal days or paid leave: These are days off that you can request without providing a reason, provided that you give advance notice and that your absence does not interfere with the company’s operations. The number of personal days off depends on the collective bargaining agreement, but it typically ranges from two to six days per year.
- Days of illness or temporary disability: These are the days you can be absent from work due to illness or an accident, provided you submit a doctor’s note as proof. The number of sick days depends on the duration of the leave and the type of leave (general or work-related). In general, your employer will pay you 60% of your salary from the fourth through the twentieth day of sick leave, and 75% starting on the twenty-first day. Social Security will pay you 60% from the fourth through the fifteenth day, and 75% starting on the sixteenth day.
- Maternity or paternity leave: These are the days you are entitled to take off following the birth, adoption, or foster placement of a child. Maternity leave lasts 16 weeks and may be extended by two additional weeks for each child beyond the second in the case of multiple births, adoptions, or foster placements. The paternity leave period is 12 weeks, the first four of which must be taken consecutively following the birth, adoption, or foster placement. Both periods are paid at 100% by Social Security.
