The Workers' Statute has implemented a new protection measure, the climate leave, to safeguard employees in situations of risk due to climate causes. This provision, detailed in article 37.3 g) of the Statute, authorizes workers to be absent from work without affecting their salary, allowing up to four days of paid absence in cases such as the inability to reach the workplace due to adverse weather conditions or infrastructure disruptions, inaccessible access to the company, or serious and imminent risk to employee safety.
According to Europa Press, the regulation requires collective agreements to include a detailed protocol that includes measures for specific risk prevention. Workers interested in using this leave must notify the company about their situation as soon as possible and provide justification for their work absence.
If the nature of their work allows it, the company may offer remote work as an alternative, in line with what is expressed in Law 10/2021 on Remote Work. Starting at the end of 2024, it is expected that employees can take this leave in circumstances where their safety is compromised, especially beneficial for jobs that allow remote working without affecting their performance.
If the climate emergency extends beyond the four days granted by the climate leave, the employer may resort to an ERTE for force majeure, allowing for temporary adaptation without undermining the rights of the workers. This leave is available to all employees, regardless of the sector in which they operate, with labor representatives having the right to be informed about the measures adopted by the company in these cases.
For sectors where remote work is not feasible, such as construction or transport, the request for meteorological reports, alerts from AEMET, or recommendations from Civil Protection can support the request for this leave. It is imperative that collective agreements include a protocol of action in case of adverse meteorological phenomena to ensure appropriate prevention and response measures for workers.
