Can I take a leave of absence from work?
Yes, depending on the type. A leave of absence (excedencia) suspends your contract without pay. There are several kinds. The voluntary leave can be requested by anyone with at least one year of seniority, for a period of 4 months to 5 years; it doesn't reserve your post, but gives a preferential right to return to a vacancy of equal or similar grade. Childcare leave (up to 3 years from birth, adoption or fostering) and relative-care leave (up to 2 years) do give a right to reserve the post for a period (generally the first year) and count towards seniority. There's also compulsory leave (for public or union office), which reserves the post. In all of them, during the leave no salary is paid and, generally, no contributions are made (with exceptions for childcare).
📋 The rules
- Voluntary: 4 months to 5 years, with 1 year of seniority
- Voluntary: preferential right to return (no post reservation)
- For childcare: up to 3 years, with post reservation for a time
- For relative care: up to 2 years
- During the leave no salary is paid
🔓 Exceptions
- Childcare leave: the first year counts as effective contribution
- Compulsory leave (public/union office): post reservation and seniority count
- The agreement can improve terms and return conditions
⚠️ Penalties & fines
In voluntary leave, the main risk is the return: you have no post reservation, only a preferential right to take a vacancy; if the company doesn't readmit you when there's a suitable vacancy, you can claim. Requesting the return late or not at all can be read as voluntary resignation. In care leaves, respect the deadlines so as not to lose the post reservation. It's best to request the leave and the return in writing, with proof of receipt, and to check your agreement, which can improve the conditions.
📎 Official sources
- BOE · Workers' Statute (leaves of absence, art. 46) →
- Ministry of Labour · Leaves of absence →
- Administración · Labour rights →
❓ Frequently asked
What types of leave of absence are there?
Mainly the voluntary one (4 months to 5 years, with one year of seniority), childcare leave (up to 3 years) and relative-care leave (up to 2 years), and compulsory leave (for public or union office). Each has different conditions and effects on the post.
Is my post reserved during the leave?
It depends on the type. The voluntary one doesn't reserve the post, only gives a preferential right to return to a vacancy. Childcare or relative-care leaves do reserve the post for a period (generally the first year) and count as seniority.
Do I earn anything during the leave?
No. During the leave the contract is suspended and no salary is paid. Contributions generally aren't made either, except in childcare leave, whose first year is considered effective contribution for certain benefits.
How do I return after voluntary leave?
You must request the return in writing and within the deadline. You have no post reservation, but a preferential right to take a vacancy of equal or similar grade. If there's one and the company doesn't readmit you, you can claim at the labour court.
Do I need seniority for voluntary leave?
Yes, at least one year of seniority at the company. Also, if you've already taken another voluntary leave, a minimum period must have passed (generally four years) before requesting a new one. Check your agreement too.
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