Can I refuse to work during a heatwave?

With the arrival of summer come the first heatwaves, and one of the most common questions is whether an employee can refuse to go to work due to extreme heat. In this article, as specialist labour lawyers, we examine what the law says and whether it is possible to be absent from work.

Is it possible to be absent from work because of extreme heat?

The answer is yes, but not in every situation, as the legal requirements must be met. Article 37.3(g) of the Spanish Workers’ Statute provides the following:

An employee, subject to prior notice and justification, may be absent from work with entitlement to pay for up to four days where it is impossible to reach the workplace or travel on the roads necessary to get there due to recommendations, restrictions or prohibitions on movement imposed by the competent authorities, or where there is a serious and imminent risk, including those arising from a disaster or an adverse weather event.

Once the four-day period has expired, the leave may be extended until the circumstances justifying it cease to exist, without prejudice to the employer’s right to suspend the employment contract or reduce working hours due to force majeure.

Requirements for being absent from work because of extreme heat

Under the provisions of the Workers’ Statute, several requirements must be met before an employee may be absent from work:

• Prior notice must be given and the absence must be justified.
• The leave is granted for up to four days and may be extended where appropriate.
• The reasons must be either the inability to reach the workplace or to travel there due to recommendations or restrictions issued by the competent authority, or the existence of a serious and imminent risk.

During this period of leave, the employee remains entitled to receive their full salary and is not required to make up the hours not worked.

What can an employee do during a heatwave?

The first point to understand is that the law does not specifically refer to heatwaves, but rather to adverse weather conditions that create a serious and imminent risk. In other words, the existence of a weather warning for a heatwave does not automatically entitle employees to stay away from work. However, employers must act in accordance with health and safety at work legislation, which requires them to protect employees from the risks associated with high temperatures.

What must an employer do during a heatwave?

There are many occupations in which high temperatures have a significant impact, such as agriculture, construction, delivery services, gardening and street cleaning.

Employers have several obligations under health and safety legislation:

• Assess the risks associated with high temperatures. Factors such as the physical demands of the work, the clothing that must be worn and the worker’s level of acclimatisation should be considered. Particular attention should also be paid to vulnerable groups, such as pregnant women, people with cardiovascular conditions and those taking medication that may be affected by heat.
• Provide employees with training and information about heat-related risks. Employees should be able to recognise the symptoms of heatstroke, such as dizziness, confusion or headaches, and know what first aid should be administered and which emergency procedures should be followed.
• Implement preventive measures to reduce the risks associated with high temperatures. These may include providing drinking water, shaded areas or adequate ventilation. Employers may also adjust working hours to avoid the hottest part of the day, increase rest breaks and reorganise work so that more physically demanding tasks are carried out during the cooler hours. In addition, employers should provide lightweight, breathable clothing.
  If the work is carried out outdoors, additional measures should be taken, such as providing suitable personal protective equipment (PPE), including caps, hats, sunscreen and sunglasses.

If the Spanish State Meteorological Agency (AEMET) issues an orange or red weather warning and it is not possible to work safely outdoors, the employer may suspend the activity.

If an employee has concerns about the measures adopted by the employer, they may request a written copy of the heat risk assessment, the preventive measures implemented and the records of the training provided for such situations. If the employer’s response is considered inadequate, the matter may be reported to the Labour Inspectorate.

Frequently asked questions about working in high temperatures

When extreme heat occurs during a summer heatwave, employees often have questions, which we answer below:

Can I refuse to work because of the heat?

Only if there is a serious and imminent risk to your health. In such circumstances, you may stop work and inform both your employer and the health and safety representative so that appropriate measures can be taken.

What should I do if my employer does not implement measures during extreme heat?

You can report the matter to the health and safety representative, the works council or the Labour Inspectorate, as the employer has a legal duty to protect your health under health and safety legislation.

Is my employer required to change working hours or shifts during extreme heat?

Employers should adopt preventive measures to protect employees from excessive heat, and one such measure may be to adjust working hours to avoid the hottest part of the day. The aim is to reduce exposure to direct sunlight and extreme heat during peak daytime hours and minimise strenuous physical activity during those periods.

If you believe your employer is failing to meet its obligations during periods of high temperatures and you require legal advice, contact our team of specialist labour lawyers, who will review your case and provide expert advice.