Leave of Absence in Employment Law

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Questions and Answers

Which of the following is NOT a typical effect of the suspension of an employment contract?

The termination of the legal employment bond. (correct)

The temporary release from work obligations.

The cessation of payment for work performed.

The continuation of an employee's duty of good faith.

According to the provided information, under which circumstance would a worker NOT have their employment contract suspended?

When the worker is temporarily imprisoned without a conviction.

When the worker is performing a representative public office.

When the worker is taking a scheduled vacation. (correct)

When the worker is on leave for the birth of a child.

What is the key characteristic of the suspension of an employment contract regarding the employer-employee relationship?

The temporary pause of the basic obligations with the maintenance of the contractual relationship. (correct)

The complete severing of the legal tie between the employer and employee.

The permanent termination of the employment agreement between both parties.

The shift from a formal agreement to an informal work arrangement.

Which of the following best describes how time during a period of employment suspension affects an employee's seniority?

Time not worked during a suspensive period is still considered for seniority. Signup and view all the answers

According to article 45, which situation would NOT lead to a suspension of an employment contract?

An employee taking time off to seek a new job. Signup and view all the answers

In the context of the contractual relationship, which of these employee's duties typically remains in effect during a suspension of employment?

The duty to maintain confidentiality and loyalty. Signup and view all the answers

Which scenario involves a suspension of the employment contract due to factual causes making it difficult to perform work?

The employee’s imprisonment awaiting trial. Signup and view all the answers

Under what condition is a worker's imprisonment a valid cause for suspension of an employment contract?

Imprisonment causes suspension, as long as there isn't a conviction sentence. Signup and view all the answers

What is the maximum duration of parental leave an employee can request for the care of a child?

Eight weeks, without pay, except for the first two weeks, which are paid. Signup and view all the answers

Under what circumstances is an employee entitled to a 5-day paid leave?

For serious illness, accident, hospitalization, or surgery, of a spouse, de facto partner, relatives up to the second degree, blood relatives of the partner, or any person living in the same home. Signup and view all the answers

What is the limit on the number of times an employee can take the 5-day paid leave within a year in Spain?

There is no annual limit to this leave. Signup and view all the answers

For unforeseeable family emergencies, what is the maximum paid leave available to an employee?

Up to 4 days annually. Signup and view all the answers

How can the 4 days of leave for unforeseeable family emergencies be taken?

By the day or by the hour, up to a total of 4 days per year. Signup and view all the answers

Under what circumstance is a worker's employment contract terminated due to absence?

When the worker is imprisoned following a conviction. Signup and view all the answers

What is the minimum percentage of reduction in normal performance that qualifies as partial permanent incapacity?

33% Signup and view all the answers

Which of the following is NOT a cause for suspension of an employment contract?

Taking a voluntary leave of absence. Signup and view all the answers

How is maternity leave distributed between parents, if both are using it?

16 weeks in total, with 6 weeks uninterrupted after childbirth, and the remaining weeks distributed within the first year. Signup and view all the answers

What constitutes a 'forced leave of absence'?

Absence due to a worker's election or appointment to a public office. Signup and view all the answers

Under what conditions if an arrested worker found innocent of all charges, what happens to that worker?

The worker's contract suspension is immediately ended, their job is secured. Signup and view all the answers

For how long can temporary incapacity due to health reasons be extended beyond the initial 365 days?

180 days Signup and view all the answers

What is the characteristic of "severe" permanent incapacity?

Inability to perform any job and requirement of assistance for daily activities. Signup and view all the answers

Which of the following does NOT fall under 'leave of absence' (excedencias)?

Leave due to risk during pregnancy. Signup and view all the answers

What constitutes total permanent incapacity?

Inability to perform ones usual or regular job. Signup and view all the answers

What constitutes a situation where an employee's job contract is suspended, not terminated, due to 'fulfillment of an inexcusable duty of a public and personal nature'?

When the worker cannot perform the job for more than 20% of the working hours and for at least 3 months. Signup and view all the answers

If an employee on leave of absence does not request reinstatement within the defined time frame, what is the result?

The contract is terminated due to abandonment of the employee's job. Signup and view all the answers

If an employer fails to reinstate an employee after they requested it, but there was a vacancy in the company, what is this situation considered to be?

Equivalent to a dismissal without cause and a default of formal requirements. Signup and view all the answers

What is the minimum seniority required for an employee to qualify for a voluntary leave of absence?

One year of seniority. Signup and view all the answers

What is the maximum duration for a voluntary leave of absence, according to the text?

5 years. Signup and view all the answers

How long must elapse before an employee can exercise their right to another voluntary leave of absence, after the end of a previous one?

Four years. Signup and view all the answers

Is there a guarantee to reserve the job position for an employee during a voluntary leave of absence?

No, there is no right to reserve the position, but there is preferential reinstatement. Signup and view all the answers

During a voluntary leave of absence, is the time spent on leave calculated for the purpose of seniority?

No, it is not calculated for seniority purposes. Signup and view all the answers

What happens if an employee requests reinstatement after a voluntary leave of absence, there is a vacancy but the employer delays it's acceptance?

The employee may bring an action for damages with a right to compensation. Signup and view all the answers

What is the situation regarding Social Security contributions and coverage during a voluntary leave of absence?

There is no obligation to pay contributions, and it is not a situation protected by Social Security. Signup and view all the answers

Under what circumstance is an employee entitled to an 18-month job reservation following a leave of absence for child care?

When the family has 4 children, with at least 3 by childbirth, adoption, multiple guardianship or foster care, or they have lower income than the set limit. Signup and view all the answers

What is the maximum duration of leave of absence for caring for a family member, according to the provided content?

2 years, extendable only by collective agreement. Signup and view all the answers

An employee takes a leave of absence due to the birth of their child. For what period is their seniority calculated?

For the entire duration of the leave of absence. Signup and view all the answers

After the first year of leave for caring for a family member, what is the reservation regarding the employee's job?

Guaranteed reservation for an equivalent job in the same professional category or group. Signup and view all the answers

Which of the following is NOT a specific effect of a leave of absence related to childcare?

The right to return to work under terms less favorable than previously enjoyed. Signup and view all the answers

An employee takes leave of absence to care for a relative. Which is a necessary condition for this type of leave?

The relative must be a direct relative up to the 2nd degree, who cannot care for themself and does not perform paid activity. Signup and view all the answers

When does the duration of leave for child care begin, assuming a natural birth?

From the date of birth of the child. Signup and view all the answers

Which of these is a new permit introduced under the Family Law?

8-week parental leave for care of children. Signup and view all the answers

For leave of absence due to childcare, what is the maximum period for which the job is reserved in a typical, non-large family scenario?

12 months. Signup and view all the answers

How many years can the leave of absence to care for a family member last and how can it be enjoyed?

It can last 2 years and can be enjoyed in several periods. Signup and view all the answers

Study Notes

Suspension of the Employment Relationship: Leave of Absence

Employment contracts can be temporarily suspended.
Suspension involves a temporary release from work and payment obligations, while maintaining the legal employment bond.
Some suspension situations are protected by social security.
Employee duties, such as good faith and non-compete agreements, remain valid during suspension.
Time not worked during suspension is counted toward seniority.

Causes of Suspension

Mutual agreement between employer and employee.
Reasons documented in the employment contract.
Temporary employee incapacity.
Childbirth, adoption, or foster care of minors.
Pregnancy or breastfeeding risks.
Holding a representative public office position.
Imprisonment (no conviction).
Disciplinary reasons (no conviction).
Temporary force majeure (economic, technical, organizational, or production problems).
Strike.
Company closure (legal closure).
Victim of gender violence.
Parental leave.

Effects of Suspension

Suspension is temporary.
No work is provided during the suspension period.
Usually, no salary or compensation is provided during suspension.
Some suspension situations are protected by social security.
The employment contract is not terminated.
Employee duties, such as good faith, are maintained.
Time not worked counts towards seniority.

Leave of Absence (Excedencias)

Types:
- Forced leave due to the employee's election or appointment to a public office.
- Voluntary leave of absence.
- Leave of absence to care for a dependent family member.
- Leave of absence for a child until the child reaches the age of three.

Forced Leave of Absence

Due to employee election/appointment to public office.
Impossibility of attendance due to public office appointment.
Exercise of trade union functions at a higher level.
Fulfillment of public and personal duties. (duration of more than 20% of working hours, at least 3 months)

Effects of Leave of Absence

Right to reserve the job position.
Calculating time on leave for seniority.
30-day deadline for requesting reinstatement.
Abandonment of the job if reinstatement is not requested.
Dismissal if reinstatement is not possible due to employer's inability.
Unfair termination if reinstatement is blocked due to employer's negligence or lack formal requirements.

Voluntary Leave of Absence

Requires one year of seniority in the company.
Minimum duration of 4 months, maximum of 5 years.
This right can be exercised again only after four years.
No right to reserve position, but preferential right to reinstatement if a vacancy occurs.

Leave of Absence Due to Child Care

Reasons:
- Birth of a child.
- Adoption.
- Guardianship for adoption.
- Permanent foster care.
Duration: Until the child turns 3 years old(can be split).

Reservation of the Same Job

Job position is reserved for 1 year
or 15 months (extended family, 3 or more children)
or 18 months (special family, 4 or more children)
Job in the same professional group or equivalent professional category is reserved for second or third year.

Leave of Absence to Care for a Family Member

Up to 2nd degree relatives.
Relatives who are unable to care for themselves due to age, accident, illness, or disability; and do not perform paid work.
Extendable by collective agreement over 2 years.

Other Leave of Absence Effects

Right to reinstatement if a vacancy occurs.
Application deadlines to be eligible for reinstatement.
Reinstatement denial's consequences – similar to dismissal.

New Permits for Child and Partner Care (2023)

8-week Parental Leave for children.
5-day Paid Leave for Second-Degree family members or de facto partners.
Paid Leave of up to 4 days for unforeseen Family emergencies.

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Description

Explore the key aspects of temporary leave of absence in employment relationships. This quiz covers the causes of suspension, obligations during this period, and social security protections. Test your knowledge on employer and employee rights regarding employment contracts.