An Elche court has recognised the right of a Local Police officer to receive a public holiday bonus during annual leave, temporary incapacity, and other similar periods of absence, even if no actual service is performed on those specific days. The ruling considers that working Saturdays, Sundays, and public holidays forms a regular part of the officer’s ordinary roster, ordering Elche Town Council to pay back the corresponding amounts from the past four years, along with statutory interest.
The judgement, issued on 3rd September by the Contentious-Administrative Section of the Elche Court of Instance, partially upholds an appeal filed by the officer against a municipal resolution from December 2025 that had rejected the initial claim.
The legal proceedings stem from the officer’s request to have the allowance usually received for working Saturdays, Sundays, and public holidays recognized as part of regular remuneration. According to the judgement, the officer operates on a standard cycle of seven working days followed by seven days off, from 19:00 to 03:00, which structurally includes weekends and public holidays. Pay slips indicate payments of 42.16 euro for every Saturday worked and 84.32 euro for each Sunday or public holiday worked.
Elche Town Council opposed the claim, arguing, among other points, that the Job Description Framework already integrates standard holiday duty into the specific salary component and that variable payments are linked to shifts actually performed and certified. The municipal administration also cited workplace agreements and previous court rulings in Elche that were contrary to paying these sums during periods of absence.
However, the court applied recent Supreme Court jurisprudence, citing a June 2025 ruling involving local officers in Vigo. This precedent established that when an officer works shift patterns where night or holiday duties form part of the regular working day, the compensation associated with that hardship forms part of ordinary, regular pay. Consequently, the allowance must be maintained during annual leave, temporary incapacity, personal leave, or other paid leave. The court noted that the situation differs when public holiday or night work falls outside the standard working pattern, as those are classed as extraordinary hours and paid only when actually performed.
In the case of the Elche officer, the judge deemed it proven through pay slips and shift schedules that public holiday work and its corresponding remuneration constitute a normal working situation rather than an exceptional arrangement. The judge also cited a 2024 Supreme Court decision confirming the right to include night work and Sunday or public holiday allowances in holiday pay when received regularly, alongside back pay for the four years prior to the claim.
The court declared the municipal decision contrary to law and recognised the officer’s right to receive the public holiday supplement during holidays, temporary incapacity, and similar periods. Elche Town Council was ordered to pay the unpaid amounts dating back four years prior to the November 2025 claim, plus legal interest.
The claim was only partially upheld, as the officer had also submitted a judicial request regarding a night work allowance, which the judge deemed inadmissible because it had not been previously raised in the initial administrative claim before the council. The officer retains the option to lodge a separate administrative claim for this concept.
The FESEP-SPPLB trade union, whose legal team handled the case, considers the decision a further endorsement of judicial actions being pursued against various town councils across the province to ensure regular pay components linked to standard shift patterns are not lost during annual leave, sick leave, or permissions. The ruling is not final, and an appeal may be lodged with the Contentious-Administrative Chamber of the High Court of Justice of the Valencian Community within 15 days.
