How to ask for a leave of absence

In order to request a leave of absence, the worker must meet a series of requirements. That is why it is required that the employee has a minimum of one year in the company. In addition, it is necessary that the document stating the request for leave of absence by the worker determines how long it will be extended. Know all the details through this article on how to ask for a leave of absence.

What is a leave of absence?

A leave of absence involves the suspension of a work contract by the worker. The leave does not entail the termination of the contract or the loss of employment, although the latter is limited. The request for a leave of absence also supposes the suspension of the salary payment.

Under what reasons can you ask for a leave of absence?

In our system, two types of exceedance are foreseen:

  • Forced exemption : A compulsory leave can be requested when the worker is appointed or elected to a public office, for example, the mayor of his city.
  • Voluntary leave: You can request this type of leave to
    • Caring for a child,
    • Caring for a relative up to the second degree of consanguinity who can not fend for himself, either because he has suffered an accident, traffic or work, or due to illness. Voluntary leave can not be requested, in this case, if it is charged for caring for the family member.
    • Workers who decide to form part of a union and perform trade union functions at the provincial level may also request a leave of absence from the company.

Who can request a leave of absence?

  • Forced exemption : Any worker can request it without it being necessary for him to have a certain time within the company.
  • Voluntary leave : All workers who have worked at the company for at least one year can request it. In order to request a leave of absence, the worker may not have enjoyed another leave of absence in the previous four years worked in the same company.

What rights does a leave of absence give to a worker?

The forced leave of absence allows the worker to re-enter the job once his activity in the public office has ended. Therefore, both the job position and seniority are preserved. It establishes as an indispensable requirement that the worker communicates within a maximum period of one month since leaving his public functions his desire to rejoin his job.

Voluntary leave of absence may be requested for a minimum period of four months with a maximum of five years. The following assumptions should be taken into account:

  • The leave of absence for the care of a child can not exceed three years.
  • The leave of absence for the care of a relative can not be longer than one year, unless a longer period is established in the specific collective agreement.

These two types of exceedances can be enjoyed fractionally.

Is the same job position maintained?

On the other hand, the enjoyment of leave does not imply the loss of seniority. The worker can even attend all those vocational training courses to which the entrepreneur has invited him.

One of the most controversial points turns out to be the obligation that the employer has to reinstate the worker to his job . Contrary to what is believed, the employer is not obliged to reinstate the worker, but to offer a re-entry into one of the vacancies of the company and that fits into an equivalent professional category, as long as it is not a leave of absence for the care of a child or for forced leave. If the employer does not have any place that fits the worker on leave, it does not have to execute the reinstatement.

During the first year of leave, the worker has the right to reserve his place of work but if it lasts more than a year the employer only has the obligation to keep a job that is part of the same professional group or an equivalent category . For that worker whose family is considered as numerous, this term is extended up to 15 months.

Can unemployment be paid while enjoying a leave of absence?

As a general rule, unemployment can not be charged when enjoying a leave of absence, but several factors must be taken into account:

  • Collect unemployment for voluntary leave without incorporation to another job: the general rule is that unemployment can not be charged if voluntary leave is requested.
  • Collect unemployment by voluntary leave with incorporation to another different company: Being a worker of another company would not have the right to collect unemployment, but if during this employment relationship the worker is terminated or the contract is terminated, the worker has the right to collect unemployment during the period that the leave of absence lasts with the first company, if it has been quoted the necessary time. In the event that the company does not execute the right of the worker to the reinstatement to the job, the collection can be resumed from the stoppage.
  • In forced leave, you do not have the right to collect unemployment because the worker will occupy a paid public position.