Spain activates four-day paid climate leave as wildfires force evacuations in Ávila, Madrid and Toledo
Tens of thousands evacuated or confined as fires burn across Ávila, Madrid and Toledo. The government reminds employers that workers are entitled to up to four days of paid absence under the climate leave introduced after the 2024 Valencia floods.
Wildfires force mass evacuations
Fires burning across the provinces of Ávila, Madrid and Toledo have forced tens of thousands of people to evacuate or remain confined to their homes. Roads have been cut and public transport disrupted, leaving many workers unable to reach their workplaces. The Ministry of Labour has stepped in to remind both employers and employees that no one should have to "choose between their safety and their job."
A legal shield born from tragedy
The climate leave was created by Real Decreto-ley 8/2024, enacted in November 2024 and now integrated into the Workers' Statute. It was a direct response to the catastrophic DANA floods that struck Valencia in 2024, claiming 229 lives. Several workers died while commuting to or from their jobs during that disaster, prompting the government to build a legal shield that prevents employees from being forced to travel in life-threatening conditions.
The new provision, added to article 37.3 of the Workers' Statute, grants up to four days of paid absence for force majeure. Those days count as working time and do not need to be recovered later. Proof of the qualifying situation can be provided after the fact, by any means of evidence.
What the leave covers
The leave applies when workers cannot reach their workplace because of the loss of their usual means of transport or disruptions to public or collective transport. It also covers the urgent need to care for dependents if schools or senior centres close due to smoke or the proximity of the fire.
Workers who, as a result of the loss of their means of transport or disruptions to public or collective transport, cannot travel to their workplace are covered by this right until the situation normalises.
Vice president Yolanda Díaz also noted that housing protection lasts until the family finds a "stable and adequate housing solution." After the initial four days, if the impediment persists, a force majeure ERTE (temporary layoff scheme) comes into play. This mechanism was used during the 2024 DANA and again during the great blackout earlier this year, and it is designed to avoid dismissals while giving affected businesses time to recover.
Employer obligations
Companies are required to set up crisis committees that can respond around the clock to employee requests. The law is explicit: telework must be prioritised whenever the nature of the work allows it, and the employer must provide the necessary technical means to avoid any unnecessary travel. Where productive activity is materially impossible, businesses can apply for the force majeure ERTE to protect employment until normal operations resume.
Unions reinforce the message
Trade union CCOO also took to social media to remind workers of the right, stressing that the legal framework exists precisely so that no employee has to risk their life to reach their post. The union emphasised the obligation of companies to activate crisis protocols and facilitate remote work wherever feasible.
