MARCH 10, 2020

Regulatory alert: Exceptional leave.



Labor & Social Security Law Department Report | Regulatory alert: Exceptional leave

Dear Sir or Madam,

On March 6, the Ministry of Labor, Employment and Social Security issued Resolution No. 178/2020 (the “Resolution”) with a series of preventive measures to reduce the spread of the Coronavirus that causes the COVID-19.

The Resolution states:

a) The granting of exceptional leave to all those employees of the public or private sector under an employment relationship who, having entered the country from abroad, voluntarily stay in their homes, in a whole in accordance with the recommendations of the Ministry of Health.

b) That the leave is paid, that is to say, that the employee will earn his/her normal and usual remuneration plus the additional ones by law or by the corresponding Collective Agreement.

c) That the leave is independent of any other legal or conventional leave.

As informed by the Ministry of Health in its report of March 6, 2020 entitled “New recommendations as of the current epidemiological situation”, the areas of sustained transmission are Italy, Spain, France, Germany, China, Japan, South Korea and Iran. In this regard, we consider that the voluntary license should be limited to the employees coming from the countries of “sustained transmission”.

Should you require any further information on this matter, please do not hesitate to contact us.


Alvaro J. Galli
Santiago Taboada