Leave of Absence in Employment Law

The temporary release from the basic obligations to work and pay for the work, while maintaining the legal bond between the employer and employee.

A situation where the employment contract is temporarily paused, with no work or pay, but the contract remains valid.

A situation where the employment contract is suspended due to reasons related to the worker's health, maternity, paternity, or childcare.

A situation where the employment contract is suspended due to reasons that prohibit the worker from performing the job.

A situation where the employment contract is suspended due to factual causes that make it difficult or impossible for the worker to perform the job.

Mutual agreement between the employer and worker to temporarily suspend the employment contract.

A clause in an employment contract that outlines the terms of suspension in specific situations.

A situation where the employment contract is suspended due to a temporary work stoppage caused by events that make the work impossible.

An employee is entitled to take unpaid leave for up to 8 weeks to care for their child until they turn 8 years old. This leave can be taken continuously or discontinuously.

An employee can take 5 paid days off work to care for a spouse, de facto partner, relative up to the second degree, blood relatives of the de facto partner, or anyone living in the same household who needs care due to illness, accident, hospitalization, or surgery.

An employee can take 4 paid days off work for urgent, unforeseen family emergencies. This leave can be used by the hour or day and can be used for family members or those residing in the same household.

No, there is no annual limit to enjoying this type of leave in Spain.

A legal term that refers to events beyond the control of a party, preventing them from fulfilling their obligations under a contract, usually due to unforeseen circumstances.

A type of leave from work that can be taken by employees for specific reasons, leading to the temporary suspension of the employment contract and related obligations.

A leave of absence granted to an employee due to their election or appointment to a public office, where attendance at work is impossible.

A leave of absence taken voluntarily by an employee, generally for personal reasons, with the consent of the employer. It can be for a set period or indefinite.

A leave of absence granted to an employee to care for a dependent family member up to the second degree or for a child under the age of three years.

A period when the employment contract is temporarily suspended for specific reasons, such as illness, maternity, or public office duties.

When an employee is temporarily unable to work due to health reasons, including illness, injury, or pregnancy.

When an employee is unable to work due to situations that prevent them from fulfilling their employment duties, such as imprisonment or caring for a dependent family member.

A type of leave taken by an employee to care for a newborn, adopted, or fostered child, or a child born through surrogacy, shared by both parents.

A type of leave taken by a pregnant or breastfeeding employee due to risks associated with their working conditions.

A type of leave where an employee is temporarily released from work due to an unavoidable duty that affects both their public and personal life. The worker must be unable to perform 20% or more of their duties for at least 3 months.

The employee's right to return to their job after the leave of absence ends.

The employment contract is terminated if the worker doesn't request reinstatement within 30 days of the leave's end. This means they've voluntarily abandoned their position.

The employer's failure to reinstate a worker after the leave is considered a dismissal, which may be considered unfair if there was no valid reason or proper procedures.

The employee has a priority to be hired back if a suitable job opens up in the company.

The employee must request reinstatement before the leave ends or immediately afterwards.

The employer cannot refuse reinstatement if there is a suitable job available. This can lead to dismissal charges.

The employer has to provide evidence if they claim there was no suitable opening for an employee seeking reinstatement.

Time spent on voluntary leave does not count towards seniority calculations.

A leave of absence specifically granted for the birth, adoption, or guardianship of a child, allowing employees to care for their newest family member.

This type of leave covers circumstances where an employee needs time to care for a close relative facing age-related difficulties, an accident, an illness, or a disability, preventing them from independently managing their affairs.

For birth, adoption, or guardianship, the leave duration is typically up to 3 years from the child's birth date or the date of the official decision. This leave can be taken in installments.

During the first year of this leave, employees are guaranteed their original position upon return. This period can be extended for special family situations, such as large families with specific criteria.

For the second or third years of childcare leave, employees are guaranteed a position within the same professional group or an equivalent professional category.

Any time spent on childcare leave is counted towards calculating job seniority. This means your career progression continues even during leave.

During leave, employees have the right to participate in training programs offered by their employer, enhancing their skills and knowledge.

After completing leave, employees are entitled to return to their job under the same conditions they enjoyed before the leave, ensuring a smooth transition back to work.

Employees on leave are not obligated to pay social security contributions during the leave period, offering financial relief for childcare or family care responsibilities.