What Types of Leave of Absence Exist in Spain?

Question from Susi, What Types of Leave of Absence Exist in Spain?

Answer from AI:

As a nurse who has recently moved from Madrid to Vitoria-Gasteiz and secured a new position in the Basque Health Service (Osakidetza), you are considering taking a leave of absence from your newly acquired position in Madrid. Here is a general overview of the types of leave of absence (excedencia) available in Spain, which might help you decide the best course of action.

Types of Leave of Absence in Spain

In Spain, there are several types of leave of absence that employees can request. These are regulated by the Workers’ Statute (Estatuto de los Trabajadores) and other specific regulations for public sector employees. Here are the main types:

1. Voluntary Leave of Absence (Excedencia Voluntaria): This type of leave can be requested by any employee who has worked for the same employer for at least one year. The duration can range from four months to five years. However, during this period, the employee does not have the right to reserve their job position, only a preference to return if a vacancy arises.
2. Leave of Absence for Childcare (Excedencia por Cuidado de Hijos): This type of leave is available to parents for the care of children under 12 years old. It can last up to three years per child. During this period, the employee has the right to reserve their job position for the first year and a preference to return to a similar position thereafter.
3. Leave of Absence for Family Care (Excedencia por Cuidado de Familiares): This leave is available for the care of a family member up to the second degree of consanguinity or affinity who cannot take care of themselves. It can last up to two years, with the right to reserve the job position for the first year.
4. Forced Leave of Absence (Excedencia Forzosa): This type of leave is granted to employees who are elected to a public office or appointed to a position that makes it impossible to attend work. The job position is reserved, and the employee has the right to return to their position once the public service ends.

Steps to Take

Given your situation, here are the steps you might consider:

1. Sign the Position: Sign the possession of the nursing position in Madrid as planned.
2. Request Leave of Absence: Apply for a leave of absence. Given that your child is 4 years old, you might consider the Leave of Absence for Childcare (Excedencia por Cuidado de Hijos).
3. Consult with Legal Professionals: Given the complexity and the potential impact on your career, it is advisable to consult with a legal professional or a labor union representative to ensure you are making the best decision for your circumstances.

Consulting Legal Professionals

It is crucial to seek personalized legal advice to navigate the specifics of your situation. Labor laws can be complex, and a legal professional can provide guidance tailored to your needs. You can also refer to resources provided by labor unions such as SATSE, which specialize in healthcare professionals.

Additional Resources

For more detailed information, you can refer to the following resources:

• Workers’ Statute (Estatuto de los Trabajadores)
• SATSE (Sindicato de Enfermería)

Remember, while this information provides a general overview, consulting with a legal professional is essential to address your specific situation and ensure compliance with all relevant laws and regulations.