Company Denies Leave Sharing to Take Son to Doctor (Condemned)

oh The High Court of Galicia upheld a sentence imposed on a Galician company which denied a worker the opportunity to split his holiday into three periods to attend a medical appointment for his son.

The court held that a woman’s fundamental right to reconcile her personal and professional life was unfairly violated and ordered the company to compensate her for moral damage.

According to the ruling cited by Publico Español, the facts date back to 2022, when the woman sent an email to her supervisor asking for the vacation to be divided into three parts. The supervisor replied that he had to comply with the provisions of the collective agreement, which stated that the vacation could be split into two fortnights. Although the woman reiterated her request citing “personal issues”, it was again denied.

The reason for the plea was that the woman’s son, who underwent an operation in September that year, was forced to visit the doctor more often, the sentence said.

Additionally, as reflected in the sentence, the Company Agreement does not “prevent” the division of vacation periods. It establishes that an agreement can be made between the company and the workers to separate them.

The court points out that the company did not justify its decision with “productive or organizational needs” and points out that this section option has already been granted to another worker.

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