The hustle and bustle of everyday work can be overwhelming, and what we need most is a break. For these cases, Spanish legislation offers a solution that is not always known: the possibility of requesting a leave of absence from work.. This measure allows workers to take a break from their employment without losing their relationship with their company. Although no salary is received during this period, the contract remains valid, making it easier to return once the leave ends.
This right is regulated by the Workers’ Statute, in its article 46, and establishes the bases for its application, including the deadlines, valid causes and conditions that must be met. During the leave, the worker is exempt from fulfilling his or her work obligations, and the company is also not obliged to pay salaries or make contributions. However, the employment relationship It does not expire, which means that the worker will be able to return to his or her position in the future.
The regulations
Voluntary leaves of absence are one of the best-known modalities and can last between 4 months and 5 years.according to what is agreed between the employer and the worker. This option is intended for those that they need disconnect for personal reasons, like him care of children or family, or for those who wish to continue their training or face a medical situation. The period of leave may vary depending on the cause, and in many cases, the worker’s position is reserved for the duration of the leave.
Regarding the regulations that support this right, the Workers Statute It is complemented by other laws that protect employees in special situations. For example, the Law on Freedom of Association, the Law on Parental Leave, and other regulations on the protection of families and gender equality. Furthermore, the Employment Law reinforces the safety of workers in these types of situations, guaranteeing their rights.
Apart from voluntary leave, there are other forms of leave, such as forced leavewhich is intended for those workers who assume a public or union position. There is also the leave to care for children or dependent relativeswhich guarantees the reservation of the job for a certain time. In all cases, the purpose is for workers to be able to reconcile their work responsibilities with their personal lives, without this implying the loss of their labor rights.
Does not affect retirement
This right also allows the worker to continue accumulating certain rights during his leave, such as, for example, in relation to the time worked for the purposes of retirement. Furthermore, if the worker were covered by a collective agreement, it could offer even more favorable conditions than those stipulated by the general law.
It is important to remember that requesting a leave of absence is not an automatic process.. Depending on the company and circumstances, it may be necessary to meet certain additional requirements or negotiate the conditions. Therefore, before making a decision, it is always advisable to inform yourself well about current regulations and, if necessary, consult with a lawyer specialized in labor law.