16 March 2020

Leave of absence from work: definition, types and how to apply for it

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Table of contents

A leave of absence from work is a the period during which an employee terminates his or her employment with the company from which he works in order to engage in other work. However, this is not a dismissal, but a temporary lay-off, which allows the employee to return to his or her job (or a similar job) after the period of the leave in question. 

What is a leave of absence

A leave of absence from work is the temporary termination of an employee's employment relationship with the contracting company. During this period, the worker does not receive remuneration company, but the company does have at its disposal thepossibility of rejoining in his or her former position (or a similar position depending on the type of leave). In other words, a leave of absence from work is a break in an employee's work activity, which is taken in order to devote oneself to other matters and does not imply a complete break in the relationship with the company, as would be the case in the event of dismissal. 

What types of leave of absence are there?

Leave of absence from work can be divided into three types:

Voluntary leave

Voluntary leave of absence is the most common of all, and happens when an employee requests such leave for various reasons. Likewise, this type of leave of absence can be of different types depending on the reasons for the leave of absence: 

  • ChildcareIt can be applied for after the birth of a biological child, as well as after the adoption or fostering of a child. It lasts for a maximum of three years and counts towards length of service in the company. 
  • Care of relativesIt can be requested for the care of dependent family members up to the second degree of the person requesting the leave. It has a maximum duration of two years, and also counts for the purposes of seniority in the worker's company. 
  • Particular interestsThis type of voluntary leave of absence lasts from four months to five years, and to apply for it, it is necessary not to have taken any other leave of absence for at least the last four years before applying for it. Unlike the two previous types of leave, leave on personal grounds does not count towards the employee's seniority. 

Compulsory leave

This leave of absence is granted when the employee goes to hold public office or trade union office that does not allow him/her to carry out his/her usual work. The duration of the leave of absence is indefinite, lasting as long as the worker holds the position that prevents him/her from performing both functions. It counts as a period of seniority. 

Agreed leave

It is a leave of absence that acts as a suspension of the worker's activity. by mutual agreement. This occurs when both parties voluntarily sign a contract stipulating the conditions of the agreed leave of absence, which includes the duration of the leave of absence. It does not count as seniority of the worker. 

How much time has to elapse between leave of absence and leave of absence

In the case of a leave on personal grounds, In order to be eligible, at least four years must have elapsed since the previous leave of absence. 

Likewise, in the event that the leave of absence is applied for by the caring for a new child (having already requested a leave of absence for the previous one), this may be concatenated with the first one, but they will de facto constitute different leaves of absence, which must be recorded in writing with the company. 

How to take leave from work and what it entails

In order to apply for a leave of absence from work, the employee must have been working in the company for at least one year. It should be borne in mind that the undertaking in question may refuse to grant it, In this case, the situation is usually resolved in court. However, in most cases, leave of absence is usually carried out normally and within the company itself without the need to go to court. 

It should be borne in mind that, in addition to leave from work, there are other ways to help workers in their reconciliation of work and family life. For example, through Childcare Ticket, This can be particularly useful for parents who, after completing their parental leave, need to hire childcare services adapted to their own needs.

Edenred Spain

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