Leaves of Absence in Spain: Types, Duration and the Right to Reinstatement (Art. 46 ET)

What a leave of absence is

A leave of absence (excedencia) is a suspension of the employment contract at the employee's initiative that lets them stop working for a period while, in certain cases, keeping the right to return. It is governed by Article 46 of the Workers' Statute (Estatuto de los Trabajadores).

Types of leave of absence

Voluntary leave

An employee with at least one year of seniority in the company may request it for a period of no less than 4 months and no more than 5 years. During this leave the job is not reserved; instead there is a preferential right to re-entry into vacancies of equal or similar category. It does not count as seniority and no contributions are paid.

Forced leave

It is granted upon appointment or election to a public office that makes attending work impossible. It gives the right to keep the job and to count seniority while it lasts. Re-entry must be requested within the month following the end of the office.

Leave for childcare and family care

• Childcare: up to 3 years from birth, adoption or fostering.
• Care of relatives up to the second degree who cannot care for themselves: up to 2 years, unless improved by the collective agreement.

In these leaves the job is reserved during the first year (extendable by agreement or for large families) and the period counts towards seniority.

The right to reinstatement

How you return depends on the type of leave: voluntary leave gives a preferential right to re-entry; forced and care leaves reserve the job under legal terms. It is advisable to request reinstatement in writing and ahead of the end of the period.

Impact on seniority and absence records

The leave must be correctly reflected in absence management and the work-time record, since there is no obligation to clock in while it lasts. Properly documenting the start date, duration and reinstatement request prevents disputes and makes workforce control easier.

With RegulaKit you record and manage leaves of absence alongside other absences and your team's time tracking. To assess the cost of potential labour breaches, use the penalty calculator.