Balancing work and family life is one of the most frequent battles among workers. There are various formulas for this, such as reductions in working hours or teleworking. On this occasion we talk to you about the possibility of requesting a leave of absence. In the following lines we clarify what it consists of, what types there are and how to make the request at your work. Get informed and give yourself the break you need!
What is a leave of absence?
one work leave It is a temporary suspension of the employment contract requested by the employee himself. This is one of the most important rights of workers in Spain, guaranteed by the article 46 of the Workers' Statute.
During the period covered by the leave, the worker:
- Does not provide service in the company
- Does not contribute to Social Security
- Does not receive any remuneration
- Maintains the employment relationship with the company
However, depending on the type of leave requested, the worker may retain rights such as job reservation, seniority calculation or the preferential right to reinstatement.
Types of leave from work
There are four main types of leave of absence, each with specific requirements and characteristics:
| Type of leave | Duration | Requirements | Job reservation | Antiquity |
|---|---|---|---|---|
| Forced | Indefinite (until termination of public office) | Appointment to incompatible public office | Yes, totally | It is computed |
| Volunteer | From 4 months to 5 years | Minimum 1 year old | No, but preferential right to vacancies | It is computed |
| For child care | Up to 3 years per child | Birth, adoption or foster care | First year guaranteed (extendable 15-18 months for large families) | It is computed |
| For family care | Up to 2 years | Relative up to 2nd degree, spouse or de facto partner | First year guaranteed | The first year is counted |
Forced leave
The company is obliged to grant it when the worker:
- Access a public position that prevents job provision
- Must perform union functions at the provincial level or higher
Main advantages:
- Total job reservation
- Complete seniority calculation
- Reinstatement requesting re-entry in the month following termination
Voluntary leave
It can be requested without having to justify the reason. The worker must comply:
- Minimum seniority of one year in the company
- Duration between 4 months and 5 years
- Do not request it before 4 years have passed since the last leave of absence
Rights granted:
- Preferential right to re-entry in vacancies of the same or similar category
- Computation of seniority throughout the period
- Access to company professional training courses
Child care leave
Allows you to be absent for up to 3 years to care for children due to birth, adoption or foster care. It can be requested for each child.
Main benefits:
- Reservation of the position during the first year
- In large families: 15 months (general category) or 18 months (special category)
- Computable period for seniority purposes
- The first 3 years count as contributions for retirement, permanent disability, death and survival
Family care leave
Aimed at the care of family members up to the second degree of consanguinity (parents, grandparents, siblings), spouse or de facto partner.
Features:
- Maximum duration of 2 years
- Reservation of the position during the first year
- The first year is considered effectively contributed
How to request a leave of absence? The steps you must follow
Here is the process you must follow to request a leave of absence from work:
1. Prepare your request in writing
Write a formal letter including:
- Complete personal data
- Type of leave you are requesting
- Start and end date of the period
- Justification (only mandatory for care leave)
2. Respect the notice period
Although the law does not establish a mandatory period for all leaves of absence, it is recommended to notify a minimum of 15 days in advance or the one indicated in your collective agreement. Always consult your agreement, as it may improve the legal conditions.
3. Submit the documentation
Go to the Human Resources department with your request. At this point, having a labour advice for companies It is key to ensuring that the registration of the suspension of the contract in Social Security and the settlement of pending items are carried out correctly. Depending on the type of leave, you must provide:
- Voluntary leave: does not require justification
- For care: Attach medical reports or supporting documents
- Forced: includes the official appointment document
4. Wait for the written response
Important: Do not be absent from work until you receive formal written approval. Starting the leave without authorization may lead to disciplinary dismissal.
The company usually settles extra pay, untaken vacations and other pending items at the beginning of the leave.
Reinstatement after leave
To return to your job:
- Request reinstatement in writing before the end of the granted period
- Check your agreement to find out if there is a specific notice period
- If there is no vacancy available in your position or category, you must wait or, in case of unjustified refusal, go to court.
Frequently asked questions about leaves of absence
Can I collect unemployment benefits during a leave of absence?
No. During the leave, no unemployment benefit is paid or received, unless it is a leave for child care in which specific requirements for certain benefits are met.
Do I have to explain the reason for my voluntary leave?
It is not mandatory to specify the reason when requesting a voluntary leave, as long as you do not breach good faith or any clause in your contract.
How many times can I request a leave of absence?
As many times as you need, but at least 4 years must elapse between the end of a voluntary leave and the start of the next.
Can I be fired while I am on leave?
No, the contract is suspended. However, starting a leave of absence without prior authorization from the company may be considered abandonment of the position and lead to disciplinary dismissal.
Do I contribute to Social Security during my leave?
In general no, except for leave for child care (up to 3 years) and family care (first year), which are considered contribution periods for certain benefits.
Why count on professional advice
Requesting a leave of absence may seem simple, but if you have any questions about the agreement or the deadlines, the ideal is to have a labour lawyer that protects your rights in each case.
In Strengthen we offer you:
- Custom analysis of your work situation
- Review of your collective agreement to optimise conditions
- Professional writing of the leave request
- Process monitoring before human resources
- Advice in case of denial or conflict with the company
Is the company making it difficult for you to grant your leave? Do you have questions about what type to apply for or how to manage your reinstatement? Consult now with Afianza and our team of professionals will guide you throughout the entire process until you achieve your goal. Forward!
