This regulation, included in Royal Decree-Law 8/2024, modifies article 37.3 of the Workers' Statute to protect the physical integrity of employees. The measure establishes that, in situations of extreme risk or mobility restrictions issued by authorities, absence from work is a paid leave that does not require making up the unworked hours.
“"I remind you that when an orange or red alert is issued, you have the right to reduce or modify your working day. Additionally, you have 4 days of paid leave for the impossibility of attending the workplace."
In cases where tasks can be performed remotely, the company may request teleworking, provided it guarantees the necessary technological means. The Government of Catalonia has recommended this modality for all centers where possible today due to the danger of wind gusts.
To request this leave, the worker must notify the company in advance and with justification. Companies may request official reports from Aemet or recommendations from Civil Protection to validate the risk situation. Furthermore, collective agreements must include specific protocols for dangerous meteorological phenomena.
