Climate permits will be introduced in Spain in 2026 as a notable update in labour regulations, allowing employees to take paid leave when severe weather conditions prevent travel to the workplace. The Ministry of Labour has published the official list of existing labour permits, adding this new one aimed at protecting workers during natural disasters or extreme meteorological events.
This change comes with an amendment to the Workers' Statute, specifically a new point g) in article 37.3, designed to legally back situations where workers cannot reach their job due to weather-related restrictions. Following multiple episodes of extreme weather impacting various Spanish regions, this regulation offers workers up to four paid days off when they are unable to access their workplace.
The right activates automatically once authorities issue recommendations, restrictions, or bans on travel. The law specifies that the leave applies "due to inability to access the workplace or transit necessary routes to reach it," covering scenarios from official mobility restrictions to imminent serious risk. Situations covered include natural disasters, floods, heavy snowstorms, extreme winds, and any other weather event posing a threat to personal safety.
Authorities and criteria for restrictions
Authorities empowered to impose such travel limitations can be at state, regional, or local levels depending on the affected area. The legislation does not demand a formal official document; warnings or civil protection alerts advising against travel are sufficient justification for activating the permit.
Length and extension of paid leave
The initial duration is four days, but the law allows an extension "until the circumstances that justified it cease to exist." This ensures that employees won’t have to compromise their safety even if adverse conditions persist. After this period, employers can opt for alternative measures such as "suspension of the employment contract or reduced working hours due to force majeure under article 47.6" of the Workers' Statute.
Remote work as the preferred option
A significant aspect of the regulation is promoting homeworking when possible. It states that "when the nature of the work allows for remote tasks and the communication networks support it, the company may implement remote working." This aims to maintain productivity without compromising employee safety. Companies must comply with the obligations under Law 10/2021 of 9 July on remote work, including "providing appropriate tools, equipment and resources" for employees to work from home under conditions equivalent to the workplace.
Employers cannot impose remote work unilaterally without meeting these requirements. The law protects workers from any negative consequences for using the climate permit or working remotely in such circumstances. This prohibition includes disciplinary measures, pay cuts, or penalties, ensuring staff can prioritise their safety without fearing professional repercussions. Trade unions have welcomed this measure as essential to prevent undue pressure during climate emergencies.
Definition of adverse meteorological phenomena
The legislation offers a flexible approach to what constitutes adverse weather but generally covers real risks to personal safety during journeys. The State Meteorological Agency (AEMET) uses a colour-coded alert system—yellow for risk, orange for significant risk and red for extreme risk—that functions as a reference. Common triggers for the permit include heavy snow restricting traffic, torrential rains causing floods, strong windstorms with gusts over 100 km/h, heatwaves, severe air pollution episodes, or any other climatic hazard deemed dangerous to mobility.
How to request the climate permit
While no formal application process is defined, workers should notify their employer promptly about their inability to reach the workplace. Notification can be through the usual channels such as phone, email or company messaging systems. It is advisable to provide evidence like official warnings, news reports on road conditions or documentation validating travel restrictions. This helps streamline the administrative process and minimise misunderstandings or disputes with employers.