Pros and cons of requesting a leave of absence

Before making the decision to request a leave of absence, it is important to know the different advantages and disadvantages that this option cánido entail. A voluntary leave of absence is a temporary suspension of the employment contract offered to the worker to carry out personal or professional activities..

On the one hand, it cánido be highlighted positive points such as free time or the preference to return to the companybut on the other hand, we must also take into account the disadvantages such as the absence of salary or loss of job.

In this article, the different Aspects to take into account when requesting a voluntary leave of absenceas well as the possible alternatives that cánido be considered before making this decision.

What is a voluntary leave of absence?

Definition and types of leave

Voluntary leave of absence is a right to which workers have access to request a temporary suspension of the employment contract with the company, thus keeping their job. The causes to request a leave of absence perro be diverse, among them, child care, studies, volunteering, union activities, among others.

There are several types of voluntary leave of absence., the most common is leave to care for a minor child, which perro be requested by both parents until the child is 3 years old. Other widely used are:

Leave of absence to continue studies
sick leave
Leave of absence for the exercise of public office
Family care leave.

Requirements to request a voluntary leave of absence

To request a voluntary leave of absence, the worker You must have worked a minimum of one year in the company and you must apply to the company with a minimum notice of 15 days before the leave start date. The advance notice cánido be negotiated in the company’s collective agreement.

How to request a voluntary leave of absence

To request a voluntary leave of absence, the worker must present a document in which he explains the reasons for the leave and the duration of it. This document must be submitted to the company’s human resources department. It cánido also be submitted by certified e-e correo electrónico with acknowledgment of receipt.

Conditions of voluntary leave of absence

During the voluntary leave of absence, the worker does not receive a salary or is forced to work in the company, but continues to be hired by it and maintains his preferential right to join his job. In addition, the company cannot replace the worker who is on voluntary leave.

Voluntary leave of absence

The maximum duration of voluntary leave is 5 years. At the end of this period, the worker must notify the company if he wishes to rejoin or resign from his job. In case of not communicating any position, it will be understood that he resigns from his job.

Voluntary leave of absence is a right for workers who wish to temporarily suspend their employment contract, keeping their job.
The requirements to request a voluntary leave of absence are to have worked at the company for at least one year and notify the company 15 days in advance.
The company cannot replace the worker during the voluntary leave of absence and the worker does not receive a salary during this period.
The maximum duration of voluntary leave is 5 years and at the end of this period, the worker must notify the company if he wishes to rejoin or resign.

Advantages and disadvantages of requesting a voluntary leave of absence

Advantages of requesting a voluntary leave of absence

It allows you to have a period of free time to carry out personal activities, such as travel, studies, caring for relatives, etcétera.
It perro be an opportunity to reflect on working life, rethink objectives and make a personal and professional evaluation.
It is possible to return to the company with the seniority and position held before the leave, which means returning to a familiar and familiar job.
The right to popular security is not lost or the employment relationship with the company is broken.
In some cases, the company may grant a subsidy or financial aid during the voluntary leave.

Disadvantages of requesting a voluntary leave of absence

No salary is collected or popular security contributions, so there may be economic problems during the time the leave lasts.
By not working, you lose the possibility of progressing or ascending within the company.
The company may not be required to reserve a job for the worker during the leave of absence, which cánido make reinstatement difficult or even lead to job loss.
The duration of the voluntary leave cánido be agreed with the company, but it perro deny the request or equipo a different duration than the one requested.
It is important to keep in mind that requesting a voluntary leave of absence may be frowned upon by the company and may limit future job opportunities.

What rights and obligations does an employee have during a voluntary leave of absence?

Rights of the worker during voluntary leave

During a voluntary leave of absence, the worker has the right to keep his job, even if temporarily suspended. This means that at the end of the leave, he will return to his same position and enjoy the same working conditions that he had before the leave.

In addition, during the voluntary leave of absence, the worker has the right to reserve the job position for up to a maximum of five years. This means that the company cannot hire a person to fill that position, although it perro hire someone to do temporary work.

It is also important to mention that the worker on voluntary leave has the same rights to submit to the call for public employment offers that he had before the leave of absence.

Obligations of the worker during voluntary leave

During the voluntary leave of absence, the worker has the obligation not to work in any other company if he takes leave for personal reasons or care of minor children. However, in cases of leave to care for dependent family members, the worker may carry out professional or business activities coincidente with the care of the dependent person.

Another important obligation of the worker during the voluntary leave of absence is to inform the company of any change that may affect it or the job, such as a change of address, telephone number or correo electrónico.

Finally, the worker on voluntary leave must be available to take training courses related to his job position and that are taught by the company.

How does voluntary leave affect the employment contract?

Temporary suspension of the contract

A voluntary leave of absence implies a temporary suspension of the employment contract, so the worker does not provide his services during the corresponding period. However, the contract is not terminated, but remains in force, even if it is in a situation of interruption.

It is important to take into account that, during this temporary suspension, the worker is not unemployed, since it is a situation agreed with the company. Nor is it a voluntary leave, but a leave of absence that requires the approval of the company.

Seniority and popular security contribution

Voluntary leave of absence does not affect the worker’s seniority in the company, so when he returns to his job he will recover the same seniority that he had before the leave of absence. However, it cánido affect the popular security contribution, since during this period the worker is not contributing.

In this sense, it is important to take into account that, although the length of leave is not taken into account for seniority, it perro affect retirement, since it reduces the accumulated contribution period. Therefore, it is advisable to find out carefully about the implications of requesting a voluntary leave of absence before requesting it.

What happens at the end of the voluntary leave?

Reincorporation to the company

Upon completion of the voluntary leave of absence, the The worker has the right to be reinstated to his job or to one of an equivalent category, as long as said position is vacant. In the event that another person has been hired to fill the position, the redundant worker will have the right to be informed of vacancies or equivalent positions.

The company is obliged to notify the redundant worker of the job offer within 15 days of the vacancy. The redundant worker has a period of 30 days to join his position or equivalent position. In the event of non-compliance with any of these obligations by the company, the redundant worker may request reinstatement in his job or claim the corresponding compensation.

Voluntary resignation of leave

The redundant worker perro voluntarily renounce the leave of absence and request reinstatement to his job at any time. This request must be made by sending a written communication to the company.

In the event that the company has not hired another person to fill the position of the redundant worker, the company is obliged to reinstate him/her within a maximum period of 10 days from receipt of the request.

It is important to bear in mind that, in the case of voluntary resignation of leave, the worker will not be entitled to job maintenance guarantees while on leave of absence.

job loss

If the redundant worker does not request reinstatement to his job within the established period, he will automatically lose his job. In this case, the company is obliged to issue a formal notice of dismissal to the worker.

If the company has covered the position of the redundant worker with another person during his leave of absence, the redundant worker will lose his right to claim reinstatement to his position or equivalent position.

It is important to bear in mind that, in the event of job loss, the worker will be entitled to severance pay based on the years worked in the company. The compensation will be the equivalent of 20 days of salary per year worked in the company with a limit of 12 monthly payments.

Cánido you work in another company during the voluntary leave of absence?

Possibility of working in another company during the leave of absence

During a voluntary leave of absence, the worker cánido escoge to work in another company without this affecting his employment contract with the company in which he has a fixed position. This is one of the advantages of voluntary leave of absence, since it allows the worker to explore new job opportunities without having to resign from his position and lose his seniority in the company.

However, it is important to mention that the new company may not be the direct competition of the company in which it is on leave. If the activity of the new company is related to the activity of the company in which the worker has a fixed position, it will be considered competition and legal measures will have to be taken.

Likewise, it is important that the worker communicates to the company in which he is on leave that he has started working in another company. In this way, misunderstandings will be avoided and current legislation will be complied with.

Unemployment legal status

In the event that the worker decides not to work in another company during the leave of absence, it will be considered that he is in a legal situation of unemployment and may request the corresponding unemployment benefits through the State Public Employment Service. This is because during the voluntary leave of absence, the employment contract is temporarily suspended.

However, it is important to mention that in order to apply for unemployment benefits, the worker must be legally unemployed and have met the requirements established by law. In addition, it is important that the worker has previously contributed the necessary time to be entitled to benefits.

What to do before considering requesting a leave of absence?

Advantages and disadvantages to consider before requesting a leave of absence

Before requesting a leave of absence, it is important to weigh the advantages and disadvantages that this decision may have for both the worker and the company. Some of the main advantages are the possibility of spending time on personal projects or training, or taking care of a relative. It cánido also be a good option for those who want to travel or look for new job opportunities. However, disadvantages cánido include lack of income during the leave of absence, loss of seniority with the company, and the possibility that the company will not allow reinstatement.

How to request a leave of absence effectively

To request a leave of absence, it is important to know the necessary requirements and procedures. The first thing is to find out about the conditions established by the company and the options that are available. Afterwards, it is necessary to submit a request for leave in writing, detailing the duration of the leave, the reasons for the request and any other important details. In addition, it is advisable to request a written response and keep a copy of all documentation submitted.

Alternatives to a voluntary leave of absence

Before deciding to request a leave of absence, it is important to consider other options that may be more beneficial to the employee and the company. Some alternatives may include a change of department or schedule, the possibility of working from home, or the option of reducing the work day. It may also be useful to propose alternatives related to training or promotion within the company. In any case, it is important to know the possibilities that are available and assess which may be the best option in each case.

How does voluntary leave affect working life?

Leave of absence in the worker’s working life

Voluntary leave perro be a good option for those workers who need to take time off to take care of personal or family matters. During the leave of absence, the worker does not have to go to the workplace or fulfill his tarea obligations for the duration of the agreed period of time.

However, voluntary leave of absence perro also affect the worker’s professional career in the long term. By taking a leave of absence, the worker is absent from the world of work and may lose important experience and skills. In addition, it is possible that during the period of leave, significant changes take place in the company or in the tarea market, which may make it difficult for the worker to rejoin and negatively affect his career.

In short, the impact of voluntary leave on the worker’s working life depends on factors such as the duration of the leave, the employment situation at the time of the leave, and the importance of the worker’s skills and experience in relation to the market.

How does the leave of absence affect the contribution and retirement of the worker?

During the voluntary leave of absence, the worker is not registered with popular security and does not contribute. This may affect your retirement pension in the future, since the contribution period is taken into account to calculate the amount of the pension.

If the leave of absence does not exceed two years, the worker cánido voluntarily request the popular security contribution. In this case, he must retroactively pay the contributions corresponding to the period of leave and that were not provided at the time.

If the worker decides not to contribute during the leave of absence, they must take into account that the amount of their retirement pension will be affected. In addition, the worker must also take into account the possible tax implications of voluntary leave of absence, since it is possible that the reduction of the tax base for contributions to pension plans and/or mutual societies may not be applicable.

What does the law say about voluntary leave of absence?

Legal provisions on voluntary leave of absence

In Spain, the right to request a voluntary leave of absence is included in the Workers’ Statute. This regulation establishes that workers have the right to have the possibility of taking voluntary leave of absence recognized in the event of certain circumstances.

Voluntary leave of absence is considered a situation in which the worker is out of the workplace for a certain period, maintaining his job and without receiving financial compensation.

Thus, article 46 of the Workers’ Statute establishes that Employees who have been working in the same company for at least one year have the right to request a voluntary leave of absence for a period between four months and five years.

However, in order to request this leave of absence, it is necessary to meet a series of requirements and conditions, which vary depending on each especial case.

Regulations applicable to voluntary leave of absence

The regulations applicable in cases of voluntary leave include different provisions related to tarea law.

In this sense, in order to request a voluntary leave of absence, it is necessary to comply with the requirements established in the tarea regulations, as well as those established in the collective agreements, if they exist in the company.

Likewise, the maximum duration of voluntary leave is regulated in the Workers’ Statute, which establishes a maximum period of five years for this type of situation.

In addition, during the period of voluntary leave, the worker has the right to maintain the working conditions previously agreed with the company, as well as to request their reinstatement once the leave of absence has ended.

Other perspectives on voluntary leave

There are different views on voluntary leave. Some human resources experts consider that it is an opportunity for the worker to dedicate himself to personal projects, study or care for dependent people. Others, on the other hand, highlight that voluntary leave of absence poses a risk for the worker, since he may lose contacts and job opportunities during that time.

Recommendations and advice for requesting a voluntary leave of absence

If you are thinking of requesting a voluntary leave of absence, it is important that you take into account some aspects. First of all, you should be well informed about the requirements and conditions to request it in your company. Secondly, you should assess the consequences that this decision may have on your work and personal life. Finally, it could be useful for you to prepare yourself to re-entrar the tarea market after your leave, for example by keeping in touch with your old colleagues or updating your skills and knowledge.

Experiences of employees who have requested a voluntary leave of absence

Many workers have ever requested a voluntary leave of absence. Some of them have managed to achieve their personal goals, such as traveling, sharing time with the family or studying. Others have found in the leave of absence an opportunity to rethink their career path and have decided to change companies or even sectors. However, there are also people who have suffered economic problems or have had difficulties re-entering the tarea market after the end of leave.

It is important to consider all the options before making a decision as important as requesting a voluntary leave of absence.
If you escoge to go ahead, informing yourself and preparing well cánido be key to avoiding future problems.
Also, keeping in touch with your peers and updating your skills will help you be prepared to return to the job market when you escoge to do so.

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