what it is and how it affects workers and companies

What is a leave of absence from work?

The  Workers’ Statute establishes that leave of absence is a right that all employees with more than one year of seniority in their job have. This consists of a temporary suspension of the contract and the employment relationship with the  company .

Workers may request such suspension without alleging any specific reason, so they are not obliged to continue providing their services to the company for a specific period of time (with some exceptions).

Regulations and laws on leaves of absence in Spain

This right, and the types of leave of absence, are regulated by the Workers’ Statute, specifically in  article 46 of the statute . All the conditions and procedures to be followed by employees and companies are set out there.

It should be noted that organizations are obliged to accept requests for leave of absence. However, if two or more people request this right, the company may limit its acceptance for operational and organizational reasons.

Furthermore, the statute itself indicates that companies are not obliged to continue paying the employee’s salary or making contributions to the Social Security for the duration of the leave. This may vary depending on the type of leave of absence.

Types of leave of absence from work

Now that you know what a leave of absence is, it’s time for you to learn about its different variations.

Voluntary leave of absence from work

This is generated when the worker makes the request for leave for a personal or professional reason. This includes travel, development of a personal project, specialized studies, among others. Its only requirements are:

• At least one year of seniority must be with the company;
• If this right is requested for the second time, at least 4 years must pass since the end of the previous leave;
• The company must be notified in advance to manage the transition.

The leave of absence will be of a minimum of 4 months and will have a maximum duration of 5 years. In this case, the company is not obliged to reserve the employee’s position, although his/her singapore email list  reinstatement must be in a position of the same category.

Leave for child care

As its name suggests, this type of leave is used when you want to  a complete guide to understanding them have time to care for your children, whether they are natural or adopted. The same requirements apply here as for voluntary leave.

The differences lie in the fact that the maximum period sms To data allowed will be three years, and that the worker can return to the same job if the leave is only requested for one year.

After this time, the company is not obliged to offer the same position, although it must count the period of leave as part of the person’s seniority.

Leave for family care

You can also request a leave of absence from work for a maximum period of two years if you need to care for or look after a relative up to the second degree of consanguinity or affinity. This also applies to spouses or common-law partners.

In any case, reasons of age, an accident, illness or disability that does not allow the family member to care for themselves and carry out an earning activity must be argued.

For this type of leave, the employee has the right to have his or her position reserved if he or she returns during the first year of leave. Otherwise, he or she may return to work in a position in the same professional group or equivalent category.

Forced leave

This leave of absence occurs when a person is appointed or elected to a public office, such as mayor, which makes it impossible for him or her to attend his or her regular job.

If this is the case, there is no time limit for the leave of absence, since reinstatement can be requested within the month following the termination of public office.

It should be noted that, with forced leave, the company is obliged to maintain the person’s job, as well as their seniority.

Procedure for requesting a leave of absence from work

To apply for leave, you should consult your contract or collective agreements to find out if there is a specific procedure. Generally, you only need to submit a written application form indicating:

• Start and end date of the leave;
• Recipient, either the Human Resources department or your direct superior;
• If it is voluntary, it is not necessary to present a justification;
• For other types of leave, it is more common to state the reason for the request;
• Finally, don’t forget to add your signature.

Depending on the company’s agreements, it may be necessary to submit some additional documents depending on the type of leave. For this reason, it is important to submit the application in advance.

This will allow the company to improve its organization and ensure better communication in the long term. Always try to speak clearly about your request, as well as show a positive and collaborative attitude to facilitate the transition.