📊 Statutory conditions of the Workers' Statute
A leave of absence (excedencia laboral) is a temporary suspension of the employment contract requested by the employee. During this period, the worker is exempt from working, and the employer is exempt from paying wages.
📊 Rights overview by type of leave of absence
The Spanish Workers’ Statute guarantees different levels of job reservation and seniority based on the reason for the leave of absence:
| Leave Category | Min / Max Duration | Position Protection | Accrues Seniority? |
|---|---|---|---|
| Voluntary Leave | 4 months to 5 years | Preferential reinstatement only | No |
| Childcare Leave | Up to 3 years | 1 full year reserved (or more for large families) | Yes |
| Family Care Leave | Up to 2 years | 1 full year reserved | Yes |
🛡️ What is a leave of absence?
A leave of absence suspends the main obligations of the employment contract (work and pay) without terminating the relationship. The worker can pursue other personal, educational, or professional goals with the perspective of returning in the future.
🚶 Voluntary leave: Conditions and reinstatement rights
To request a voluntary leave (excedencia voluntaria), you must have at least 1 year of seniority at the company. You are not required to provide a reason for the request:
- The duration must be between 4 months and 5 years.
- You do not have a guarantee to return to your exact same position.
- You only retain a preferential reinstatement right to a vacancy of equal or similar professional category when you apply to return.
👶 Childcare and family care leaves
These leaves are highly protected under Spanish labor law to encourage work-life balance:
- Childcare leave: Up to 3 years per child (birth, adoption, or foster care).
- Family care leave: Up to 2 years to care for family members up to the second degree of consanguinity who cannot care for themselves.
- During the first year, you have the right to get your exact same position reserved. For registered general large families, this period is extended to 15 months, and to 18 months for special category large families.
- After this initial period, the protection is reduced to a position within the same professional group or equivalent category.
🏛️ Social security contributions during leave
For childcare leaves, the entire duration of the leave (up to 3 years) is counted as active contribution (cotización efectiva) for retirement, permanent disability, death and survival benefits, maternity, and paternity. For family care leaves, active contribution is credited only during the first year of leave. No contributions are credited during voluntary leaves.
❓ Frequently Asked Questions (FAQ)
Yes, this is legally permitted. The only restriction is that you cannot compete unfairly against your original employer, unless a non-compete clause has been signed and is paid for in your contract.
If the company states there are no vacancies but acknowledges your right to return in the future, the contract suspension continues. If the company flatly refuses to reinstate you, this is legally treated as a dismissal. You must file a lawsuit for unfair dismissal within 20 working days.
No. Since you chose to leave voluntarily, you are not considered to be in an involuntary state of unemployment. However, if you work for another employer during your leave and that contract is terminated, you can then claim unemployment benefits.
The Spain Workers' Statute does not set an exact notice period, but collective agreements and case law generally require you to apply in writing at least 30 days in advance of your leave's end date.
This depends on the company's agreement and your collective agreement. Generally, if you requested a period shorter than the maximum limit (e.g., 1 year of voluntary leave), you must request the extension before it ends, and it requires company approval.