Leaves of absence allow employees to temporarily suspend their employment relationship with a company while retaining certain rights depending on the type of leave requested. Primarily regulated under Article 46 of the Spanish Workers’ Statute, they continue to raise questions for both employees and employers, particularly regarding job reservation, reinstatement, and Social Security obligations.
In addition, not all leaves of absence operate in the same way, and one of the most common misconceptions is that they all guarantee job reservation or impose the same obligations on employers.
Main types of leave of absence
| Type of leave | Duration | Job reservation | Counts towards seniority |
| Voluntary Leave | From 4 months to 5 years | No | No |
| Childcare Leave | Up to 3 years | Yes, for at least 1 year | Yes |
| Family Care Leave | Up to 2 years | Yes, for at least 1 year | Yes |
| Mandatory Leave | For as long as the qualifying circumstance lasts | Yes | Yes |
Voluntary leave of absence
Voluntary leave may be requested by any employee with at least one year of service. Its duration ranges from four months to five years, subject to the provisions of the applicable collective bargaining agreement.
During this period, the employment contract is suspended and the employer is no longer required to pay salary or Social Security contributions. However, there is no guarantee that the employee’s position will be reserved. Instead, the employee only retains a preferential right to return when vacancies arise within the same or a similar professional category.
For this reason, it is important to properly document both the granting of the leave and any future requests for reinstatement.
Childcare and family care leave
Leaves of absence for childcare or family care provide greater protection for employees. Their maximum duration is three years in the case of childcare and two years for the care of dependent family members.
In these situations, employees are entitled to job reservation for at least the first year of leave, unless a collective bargaining agreement provides for a longer period. In addition, the leave period counts towards seniority.
Although employers do not make Social Security contributions during the leave period, certain periods may be considered as contribution periods for specific Social Security benefits.
Mandatory leave of absence
Mandatory leave is granted, among other situations, when an employee holds a public office or performs certain trade union duties that prevent them from attending work.
In these cases, the employer must reserve the employee’s position, and the leave period continues to count towards seniority until the employee returns to work.
Conclusion
Each type of leave of absence has different effects on the employment relationship and the company’s organisation. Therefore, before processing a request, it is advisable to review both the Spanish Workers’ Statute and the applicable collective bargaining agreement in order to avoid conflicts and ensure proper workforce planning.