Last update: September 2026
The current regulation of permission by marriage, its computation and the legal nature of those days is considered.
The marriage permit, regulated in Article 48(1) of the TRLEBEP, shall begin at the time when the causative act occurs, without prejudice to the fact that the body competent for its concession assesses, according to the needs of service, that it may be enjoyed at a later time. This permit will be enjoyed for fifteen calendar days without interruption.
The consultation is about the possibility of enjoying permission for marriage subsequent to the causative act, as well as about its form of enjoyment and the computation of the days corresponding to it.
Permission for marriage is currently regulated in article 48(l) of the Royal Legislative Decree of 30 October, approving the consolidated text of the Law on the Basic Status of Public Employees, hereinafter TRLEBEP, in the following terms: “By marriage or registration or constitution formalized by public document of a cohabiting couple, fifteen days.”
The permits, in general, begin at the time when the causative event occurs, although, on an exceptional basis, it would be possible for the body competent for its concession to assess, taking into account the needs of service, that the enjoyment does not occur immediately upon the occurrence of the causative event, but through some intermediate period of time.
On the other hand, in relation to the possibility of enjoyment before or after in whole or in part to the one who celebrates the marriage, it is referring to the enjoyment of all the days of permission before and after the causative act, but always making a continuous computation of the fifteen days, so as not to distort the nature of the permission.
Therefore, it is generally understood that the marriage permit will begin to be computed from the same day that the event giving rise to it has occurred, without prejudice to the fact that exceptionally the competent body assesses, according to the needs of service, that the permit is enjoyed, in its entirety, at a later time.
With regard to the nature of the days of permission for marriage, first of all, the Resolution of 21 June 2007 of the General Secretariat for the Public Administration approving the Instructions of 5 June 2007 for the application of the Basic Statute of the Public Employee in the field of the General Administration of the State and its public bodies, points out paragraph 7.c) as follows:
“License by reason of marriage: The license of fifteen calendar days in the event of marriage, regulated in Article 71.1 of the Civil Servants of the State Act of 1964, continues to apply in accordance with paragraph 1 of these Instructions.”
Specifically, the aforementioned article of the State Civil Servants Act of 1964 provides that: “By reason of marriage, the official shall be entitled to a fifteen-day leave.”
Likewise, paragraph 14.3 of the Resolution of April 14, 2026, of the Secretary of State for the Civil Service, which provides instructions on the working hours and hours of staff in the service of the General Administration of the State and its public agencies. indicates that: For the enjoyment of permits whose duration is fixed in days, when the norm that regulates them does not indicate that they are working days, it will be understood that they are natural days, including in their computation both the working days and the unworking days.
Therefore, in accordance with the criteria established in the Resolution of April 14, 2026, it is understood that the days to be enjoyed by the marriage or de facto partnership permit provided for in article 48(l) of the TRLEBEP are calendar days.
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.