Los permisos retribuidos tras el RDl 5/2023: cuestiones pendientes y nuevos desafíos interpretativos

Abstract

This article examines the legal framework governing paid leave under the reform introduced by Royal Decree-Law 5/2023. Following an overview of the defining features of this traditional institution, the discussion turns to the recent legislative changes, which primarily expand the subjective and material scope of these leave rights. The article then addresses interpretative uncertainties within the current regulation, some of which are longstanding and others newly emerging, particularly concerning the justification and substantiation of leave entitlements and subjective relationships, as well as ambiguities surrounding the new "family force majeure" leave. The need for collective bargaining and regulatory development to clarify these interpretative gaps is emphasized, in order to mitigate the foreseeable increase in labor disputes. This analysis is based on a review of specialized literature and relevant case law, highlighting the practical challenges involved in implementing these rights.