In the middle of a day of red alert for torrential rains in the province of Valencia on Monday, the Generalitat has issued a reminder to both workers and companies: there is a legal right that allows employees not to go to work to safeguard their physical integrity.
The communication, issued by the Directorate General of Labor, under the Ministry of Education, Culture, Universities and Employment, stresses that people’s safety must prevail in the face of the declared emergency situation.
The measure is based on the so-called “climatic leave”, included in Royal Decree-Law 8/2024. This paid leave allows workers to be absent from work for up to four days in the event of severe weather alerts that prevent safe access to the workplace.
The Labor Authority specifies that, if the risk situation is prolonged, the leave could be extended by means of an ERTE due to force majeure.
Teleworking as a priority option
The communiqué urges companies to be flexible and to prioritize telecommuting whenever the nature of the position and the communications conditions make it feasible.
In this regard, the Labor General Directorate clarifies the obligations for employees:
- If the company already has the telecommuting option established, the worker must provide his service under this modality.
- If the work center is not prepared to offer the possibility of teleworking, the personnel must notify the company of the impossibility of going to their post and the circumstances of risk that motivate it.
The main objective of this regulation, according to the Generalitat, is to avoid displacements in a situation of manifest danger and to guarantee that no worker is forced to put his life or integrity at risk in order to fulfill his work obligations.