Missing work to deal with a genuine veterinary emergency can be a justified absence, according to a ruling by Barcelona’s Social Court number 25. The decision is believed to be the first to apply Spain’s 2023 Animal Welfare Law to an employment dispute.
The case
The worker was employed by Majorel, a contact centre company, as a content moderator. She was dismissed for disciplinary reasons after four absences or late arrivals in two months. One of them was the day she had to take her terminally ill dog to the vet to be put down.
The ruling
The magistrate, Xavier Miró, found that the absence was not capricious but an unforeseen humanitarian necessity. Expecting the worker to prolong her dog’s suffering until the end of her shift, he said, would have been ethically unacceptable.
The judge also found problems with the company’s evidence for the other incidents. Its time-recording system showed check-in and check-out times that were identical every day — something he considered not credible for disciplinary purposes — and one of the alleged late arrivals could not be verified at all.
With the remaining incidents unproven, the dismissal could not stand, and the company was ordered to pay €4,116.42 in compensation.
Not a blank cheque
The worker’s lawyer, Albert Vallribera of the Col·lectiu Ronda, stressed that each case must be judged on its own facts. Urgent, unforeseeable situations such as a life-threatening emergency may justify an absence, he said, but routine appointments would not.
| Likely to be justified | Unlikely to be justified |
|---|---|
| Emergency treatment for a sudden illness or accident | Annual check-ups and vaccinations |
| Euthanasia of a suffering animal | Grooming |
| Collecting non-urgent medication |
Oriol Cremades, a lecturer in animal law at the Autonomous University of Barcelona, noted that the 2023 law treats the protection of animals as a matter of public order. There is no specific leave for pet emergencies in Spanish law, but the ruling shows that courts may take these obligations into account.
Practical advice
- Tell your employer as soon as possible.
- Keep documentation from the vet showing that the situation was urgent.
- Offer to make up the time where you can.
Employers, for their part, may want to review their absence policies in light of the decision.
