Summer came, and at the same time strives for holidays for millions of workers who have been waiting for this period for almost a year, which usually stands out for travel, rest and, ultimately, charge batteries.
But,What will happen if a sick worker during his vacation? This is a problem for an employee, since he cannot enjoy what has planned for this rest time. And, therefore, the statute of the employees comes to the rescue.
Great labor rules are established in their article 38 (you can consult with it at this link) that workers who act on unforeseen circumstances of all types and who are classified as a temporary disability that prevents them from enjoying the holidays They can enjoy these holidays “after their inability to end, and whenever no more than eighteen months have passed since the end of the year, when they arose”Field
In practice, and despite the fact that these holidays have already been agreed, they are suspended before the employee’s restoration. The company returns those days that remain on medical leave and will again have to negotiate, and the employee will have a new period when these holidays come.
The statute of employees includes Special protection For workers who see their holidays, they are interrupted from a different type of temporary disability: it arose Pregnancy, childbirth or natural breastfeedingas well as suspension periods set for Birth, adoption or guardianship for guardianship and risk during pregnancy or breastfeedingField
In these cases, the law explains: “You will have the right to enjoy the holidays on another date, from temporary disability or the use of permission, which by applying the specified reserve corresponded at the end of the suspension period, Although the calendar year has ended, what they correspond”
The statute of employees recalls that the holidays can never be less than 30 calendar days and cannot be compensated by paying for money. The legal text notes that “the period or period of his pleasure will establish mutual consent between the employer and the employee,” which, as we have seen, also affects the periods in which they coincide with medical leave.
