Among the wide range of rights that a worker has is the request for a leave of absence. Which allows the applicant to be absent from his position for a few months (or years) and return to the company after that time. There are two types: voluntary leave of absence and forced leave of absence. Which, to be applied, have to meet a series of time-based requirements.
The Workers’ Statute, as on so many other occasions, is the reference text on labor matters and workers’ rights. It also regulates leaves of absence, specifically in its , in which it makes it clear that leaves of absence can be of the two types indicated above.
Voluntary leave of absence
The law grants all those workers who have been in their company for at least one year the possibility of taking a voluntary leave of absence. Said leave of absence must be of at least four months and can never exceed five years. In addition, between leave and leave, at least four years must pass.
When returning to his job, the worker who takes voluntary leave can only retain a preferential right to re-enter vacancies of the same or similar category to his that would exist in the company.
In parallel, special leave of absence is recognized that also responds to this voluntary category. They are the following:
-Up to a maximum of three years for the care of a child, both by birth and by adoption, care for the purpose of foster care or permanent foster care from the day of birth or of the judicial decision.
-Up to a maximum of two years for the care of a relative up to the second degree of consanguinity or affinity who, for reasons of age, accident, illness or disability, cannot fend for himself and without performing a paid activity.
In these two cases, the leave can be taken in fractions and, in the event that two people from the same company are entitled to it, the employer could show off his right to restrict it for “reasons for the operation of the company”. In addition, the time will be computed for seniority and the same position that you have left for a year will be kept (in large families it will be 15 months and in numerous special ones 18 months).
forced leaves of absence
According to the Workers’ Statute, it is the one that takes place when the worker is elected to a public office or union function that is incompatible with work in his company.
In these cases, the company is obliged to grant you leave and save your job for when you return, which you must notify in the month following the end of your activity. During that previous time, the calculation of seniority in your company will continue to count.
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