Development of the different types of leave of absence regulated in Royal Legislative Decree 2/2015, of October 23, which approves the TRET. What they are, requirements and duration.
Definition (What they are):
We find the regulation of leave of absence in the Workers' Statute, specifically in Article 46 of Chapter III, Section 3, "Suspension of the Contract"; therefore, it can be defined as the suspension of the existing contractual employment relationship between employer and employee. It is the option the latter has to leave their job temporarily, either voluntarily or involuntarily.
Types of leave of absence (requirements and duration):
There are different types of leave depending on the reason:
1.- VOLUNTARY LEAVE OF ABSENCE: As its name indicates, in this case the worker can voluntarily request to suspend his employment contract without having to justify the reasons for his request, however, it is necessary to determine its duration, on what date it starts and when it ends.
To be eligible for this leave of absence, the employee must have at least one year of seniority with the company. The duration cannot be less than four months or more than five years. This right can only be exercised again by the same employee if four years have passed since the end of the previous voluntary leave of absence.
2.- MANDATORY LEAVE OF ABSENCE: This is granted to the worker as a consequence of the material impossibility of performing the work due to the designation of a public office and/or fulfillment of a public duty, or the exercise of union functions of provincial or higher scope while the exercise of his representative office lasts.
It should be noted that the employee will have the right to have their job reserved, regardless of the duration of the leave of absence. Furthermore, they must return to their job within a maximum of 30 calendar days from the termination of their public or union position.
3.- LEAVE OF ABSENCE FOR CARE OF FAMILY MEMBERS: For this type of leave of absence, the regulations establish the right of workers to a leave of absence period not exceeding 3 years to care for a minor, whether by birth, adoption or foster care, starting from the date of birth or, where applicable, the date of the judicial or administrative resolution.
Likewise, workers will be entitled to a leave of absence, lasting no more than 2 years, to care for a family member, up to the 2nd degree of consanguinity or affinity, who due to age, accident, illness or disability cannot take care of himself, and does not perform paid activity.
CONCLUSION: The law establishes different leave of absence scenarios in which an employee decides to suspend their employment relationship with the company for a specific period. Choosing one scenario or another will depend on the reasons given by the employee, which can range from wanting to pursue a personal project or study abroad, to needing to care for a child or family member.
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A graduate in Labor Relations from the University of Barcelona, she furthered her training in this field with several specialized courses as a labor relations technician and occupational risk prevention specialist.
She began her professional career at Valeo SL as an administrative assistant. However, she has dedicated her entire career to the world of business consulting.
In 2001, she joined Àmbit Assessor as a labor consultant.
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