Possibility to continuously enjoy vacation days, independent vacation days and days for private matters.

The question raised concerns the possibility of continuing to enjoy holidays, independent holidays and days for private reasons.

In this regard, we must refer to the provisions of the Resolution of 14 April 2026 of the Secretariat of State for the Civil Service, which provides instructions on the working hours and hours of the personnel in the service of the General Administration of the State and its public agencies. which provides, in its ninth section on ‘holidays and permits’:

“9.3 Holidays shall be enjoyed, subject to authorization and provided that it is compatible with the needs of the service, within the calendar year and until 31 January of the following year, in minimum periods of five consecutive working days.

Without prejudice to the above, and provided that the needs of the service allow it, of the vacation days provided in section 9.1 of this Resolution, the independent enjoyment of up to five working days per calendar year may be requested. (…) 9.7 Throughout each year, public employees shall have the right to enjoy six days of leave for private reasons, without prejudice to the granting of the remaining permits and licenses established in the current regulations.

Likewise, public employees shall have the right to enjoy two additional days of leave for private matters from the day following the fulfillment of the sixth triennium, increasing by a maximum of one additional day for each triennium fulfilled from the eighth.

Days of leave for private reasons may not be accumulated during annual leave periods. The staff may distribute these days at their convenience, subject to the authorization of their superiors and always respecting the needs of the service. When for these reasons it is not possible to enjoy the aforementioned permit before the end of December, it may be granted until the following 31 January.

Without prejudice to the above, and provided that the needs of the service allow it, the days of leave for private reasons as well as, where appropriate, the days of leave provided in the following section, may be accumulated to the holiday days that are independently enjoyed.”

Therefore, the fact that the resolution allows the accumulation of days for private matters to the days of holidays that can be enjoyed independently, cannot give rise to other combinations that may be fraudulent as it would be to put together, then, the days of ordinary holidays, since this assumption would be against the prohibition of accumulation of days of private affairs with the periods of annual holidays, since they are enjoyed without solution of continuity.

Different would be the case when there was a working day, that is, a day on which services are provided, between the days of private affairs and the holiday period, or between the days of holidays of independent enjoyment (to be enjoyed after the days of private affairs) and the days of ordinary holidays, in which case they could be enjoyed.

In conclusion, and as a general rule, days of leave for private matters may not be accumulated to annual holiday periods, except for holiday days that are independently enjoyed.

All of the foregoing is without prejudice to recalling that, according to the regime of competences of this management center, the answers to queries issued by this general directorate are merely informative and, consequently, are not of a binding criterion, nor do they give rise to rights or expectations of law, nor imply any link with the type of procedures to which they refer. Furthermore, in the absence of a mandatory or binding nature, the bodies receiving such replies may, where appropriate, finally take a decision that does not correspond to the opinion contained therein.

The responses to queries contained in this bulletin address the issues raised in the light of the regulations in force at the time of their issuance, so that such responses may be affected by subsequent legislative changes or judicial decisions.