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Flooded with Vacation? – Climate Leave for Climate Catastrophes and Weather Anomalies Introduced in Spain

Spain – as a coastal country – has been facing different weather anomalies in the past decades but this year, these adverse events gained significant media attention globally and also cause great crises within the country. To deal with this issue, Spain has introduced new legislations and action plans to mitigate risks, damages and also for the prevention of future crises.

The year 2024 was projected the hottest year in history so far which came with 41 days of dangerous heat and other weather events resulting in the death of thousands of people worldwide. This was expected to come hand in hand with severe catastrophic event and anomalies such as tsunamis and serious floods all over the globe. These developments mean new tasks for international and national legal regimes as well. For instance, the International Law Commission (6th Committee) of the United Nations has been dealing with the question of see level rise in relation to international law (78th Session of the United Nations’ General Assembly). This problem arises from the melting of the icebergs which is going to cause severe issues on islands and in several coaster countries.

Countries all over the world have been attempting to mitigate climate change and also the risks coming along with the effect of climate change. Some argue that the right to a healthy environment and a safe climate is supposed to be a fundamental right protected by international law and also national constitutions as well. On the other hand, others argue that this expansion of fundamental rights lead to endless errands and with incorporating such rights at this moment, it would endanger the executability and substance of currently existing rights. Human rightism – which is a phenomenon of the expansion of human rights and the inclusion of further social matters under constitutional protection. The arguments against that phenomenon include that existing human rights lack proper enforceability and thus, new rights shall not be added until the existing first-, second- and thirds-generational rights are executed with care and at a proper level. However, the other side argues that civil rights protection can never be perfectly executed as the substance of each right and the interpretation of them evolves with the lapse of time and the changes in society.

Regardless of the debate of further rights inclusion, there are already constitutions that protect the right to a healthy environment as an obligation of the state to enforce. But the interpretation of the substance of this right is yet up to the executive branch, the judiciary and constitutional courts as well. Throughout Europe, the expansion of the borders of these rights can be clearly observed.

The King of Spain, Felipe VI urged the government, the Parliament and also the citizens of Spain in His Christmas speech to learn from this year’s extreme weather conditions and floods that affected the country enormously. The extreme floods have reached Spain at the end of October 2024 and affected several regions of the country. The sudden storms resulted in serious floods, especially in the eastern part of Valencia where – as a result of the catastrophe – hundreds of people died. The damages were so serious, the nations of the world, specifically Europe, reached out to the country to provide help and assistance in these devastating times. Even the European Civil Protection and Humanitarian Aid Operations and the Copernicus Emergency Management Service of the European Union initiated joined forces for helping the country. The high-altitude isolated depression (called DANA in Spanish) took a hit on the whole eastern part of Spain even reaching Barcelona but not with full intensity. The negative effects of the anomaly were strengthened by the fact that the water reached densely populated areas and cities. After this catastrophic flood and other climate-related events (such as the heat waves in July and August, resulting in more than 8000 heat-related death and severe wildfires), voices became loud for new policies on climate change and people started to demand the state to step up with a strong arm and as a united front against such events happening in the future.

The Spanish Constitution includes the right to a suitable environment and the state has the obligation to preserve and restore the environment “by relying on an indispensable collective solidarity”. (Section 45 point (1)-(2) and also Section 148 point 9) and Section 149 point 23) as in the management of environmental protection) This encourages and also obliges Spain to take active measure to protect the environment and the people affected by the environmental changes simultaneously.

After the floods in late October 2024, many companies expected and demanded their employees to work even during the extreme rainfall. This inhuman treatment of employees quickly came under fire. Furthermore, the nationals also criticized the country for being too slow on alerting the population and sending out the phone alerts late. People thus blamed the government for not being able to prepare for the crisis. This urged the lawmakers and the government to act after the storm situation normalized. A new bill was passed to protect such malpractices to happen again alongside with a compensation package for further aid for those who were affected by the tragedy. The law entered into force on 29 November 2024.

 The new law of Spain provides workers additional four days off when facing extreme weather conditions. This is called the “climate” leave” which introduces additional paid leave days for employees. This law prevents people from having to go to work in the event of severe catastrophes and climate-related weather anomalies and alerts which has the ability to endanger human life as well. The prerequisite of taking these days off is the presence of imminent and serious risks. The law was not introduced ad hoc but it has a trial run after the DANA weather event this October in the affected areas. These measures will now be expanded and have a nationwide scope in Spain. It was highlighted that the new law aims to protect workers against the company’s abuse of rights and pressures to go to work even in dangerous circumstances. This leave – of course – excludes those whose work can be done via home office, and the extreme situation allows employees to work remotely. The obligation to inform workers regarding disasters lies on the company and it is the right of the worker to be informed in all circumstances about their measures (whether it is a day off or the option to work remotely when possible). Also, in case of an activated alert, companies will not have the option to order employees to work from the office, moreover, they need to order them to refrain from working there (it is not a right to choose to stay in the office, but it is an obligation to suspend work in the office for the duration of the activated alert).

The new regulation is not without precedent as other countries, such as Canada, already introduced different policies for people affected by climate anomalies. Canada has already approved a severe weather policy, which Spain also used as a role model for its own legislation. Many other countries are expected yet to follow the footsteps of both Canada and Spain as weather anomalies are expected to be even more intense in the upcoming years. Spain’s regulation and example can serve as a trial country for other European countries as the risks of such alerts are rising not only in coaster countries but everywhere globally.


Dorina BOSITS is a law student at the Széchenyi István University of Győr, Hungary, and an international finance and accounting graduate of the University of Applied Sciences of Wiener Neustadt, Austria. She is currently enrolled for an exchange semester at the Karl Franzes University of Graz, Austria. The main area of her research includes freedom of speech, digitalization, space law, data protection, and financial law. She is a student at the Law School of MCC and a member of ELSA Győr.