A job, for many people, implies greater sacrifices than those they expected to execute when they started a employment contract with a business entity, When a contract is signed, it is understood that its compliance is linked to legal norms and of a legal nature, no one goes unpunished for breaching a contract, at least not in the eyes of justice.
The cases in which the labor demand implies a departure from other responsibilities of each individual in their personal and private life, they are the most common for which there is a leave of absence, we never know what will be the demands that our private life or that of our workers will be able to make on us and in this limited time frame certain benefits, permits and agreements that are established for the welfare of the worker or employee and that of the business entity in question.
Here is the most important thing you should know about the leave of absence, the types of exceedances that exist and the nature of each of the cases, All are handled in a generalized way and may contain other specifications when it comes to a case that is too specific, for which we recommend that you pay attention to which of the types of leave may interest you for the situation you are going through at the moment or simply as part of a query.
What can we say is a leave of absence?
- We can define the "exceedance", such as the suspension of a contractual relationship that already existed between a business entity or employer and its employee or worker, as a decision mainly of the employee or worker, this due to causes that come directly from the interests of the employee or worker.
- Therefore, leave of absence It occurs when an employee or worker decides to cease their work activities with the company within and for a specified period of time.
- Leave of absence It is part of the decision made by the worker or employee to suspend their work with the business entity in order to resume some tasks in personal and private life or to work for a time with some other business entity outside or joint to the previous one.
What are the types of leave of absence?
We have already commented on it previously, the leaves of absence are that decision that the worker makes regarding the suspension of his contractual relationship with the business entity, the reasons can be several, whether personal, private, work, discomfort, non-conformity, etc.
The important thing is also to distinguish the different classes of leave and the reasons for which they are characterized.
From here begins a list of each of the types of leave, its nature, its reason, its characteristics and the most relevant things to know regarding each type of leave of absence:
Type of compulsory leave.
inside this type of leave of absence, The business entity in question has the obligation to grant its employee or worker the possibility of taking leave of absence, provided that he or she remains an employee or worker with a suspended contract.
This implies that the business entity will have the obligation and must "save" or "preserve" the place or job that corresponds to its employee or worker in question, also maintaining its seniority as a worker and employee that is part of the entity business.
This type of exceedance occurs due to specific situations that we show below:
- The employee or worker in question is a creditor or has obtained a public position, which would not allow him to attend to his obligations and tasks of his job in the company.
- The employee or worker in question has union duties that put him in situations and trips outside the company and away from his activities, tasks and work obligations of his job in the company.
Type of voluntary leave.
Within this type of leave of absence, it is completely necessary that the employee or worker in question has been working for the company for at least and / or at least 1 year.
An important characteristic regarding this type of leave of absence is its duration, its duration may not be less than 4 months or more than 5 years.
However, another important point that should be mentioned about this type of leave of absence and perhaps that is also why it is considered one of the most risky leave of absence, this is because in this case the business entity is not obliged to keep the job of the employee or worker by the end of the leave of absence, for which that job could be given to someone else who is equally qualified and with the best skills to perform it, but not everything is so bad, the employee or worker will have a certain preference above any other vacancy that meets the skills of the same or similar category to yours. Even so, it is still part of a very great risk due to the possibility of losing the job, the position and the position, as well as the seniority itself.
Type of leave for the care of relatives or children in charge of the employee or worker.
inside this type of leave, the employee or worker has to fulfill their obligations as a parent, legal guardian or with a relative in question. Employees and workers of the company have the right to request leave of absence to do so with their children and thus carry out their parental or maternal obligations, as the case may be.
This type of leave has a maximum duration of 3 years, regardless of whether the child is biological, adopted or fostered. The period of time is counted from the birth or from the date of the judicial and / or administrative resolution that has been carried out.
Employees and / or workers have the right to enjoy this type of leave to take care of relatives who meet the requirement of being up to a second degree of consanguinity, same family members who for reasons of health, age, dependency or other circumstances, need the assistance of the employee or worker to carry out their care. In the latter case, it is possible that the leave of absence has a duration of a maximum of two years, as long as the collective agreement does not indicate that this can be extended to a more or greater length of time.
As an interesting and important feature of this type of leave, the company only has the obligation to maintain the job of the employee or worker, only within the first year.
Subsequently, only a preferential right will be maintained towards the employee or worker who has requested this type of leave of absence, with the possibility of competing with other vacancies that meet the same or better skills, this being a risk for the employee or worker requesting this type of leave of absence, even going so far as to be able to lose their job within the company.
However, the term of protection of the job can be extended depending on the qualitative circumstances that meet your specific case:
- An extension of up to 15 months for beneficiaries with large families and of general category.
- An extension of up to 18 months for beneficiaries with large families and special category.
Can the company you work for refuse to grant leave?
This is not possible, it simply cannot happen thanks to the multiple protections that exist in favor of the employee or worker and their inalienable rights.
Leaves of absence are regulated as a labor law in article 46 of the Workers' Statute, so that the business entity cannot prohibit the right to leave to the employee or worker.
A right that the company in question has is to deny the worker's re-entry if the company does not have the vacant positions to which the employee or worker requesting the leave of absence requests to re-enter.
Is it possible to collect unemployment while on leave?
This part may not be clear to many people, however it has many perspectives. The employee or worker may not request or request a leave of absence from his job within the company to collect unemployment and thus later return to the same business entity when the term of the unemployment benefit has ended.
However, the employee or worker You have the right to seek and carry out work in other third-party or joint companies to which you have been granted the term and right of leave of absence. In this way, the employee or worker will be able to collect the leave of absence with the company that requested it, as well as be able to work in another company and later collect the unemployment benefit, provided that the employee or worker complies with the requirements that the contribution demands and demands.
If this is the case, the employee or worker may receive unemployment benefit as long as the deadline on which his leave ends is not met. In the same way, it would be possible that after the leave of absence, you cannot re-enter due to the lack of vacancies in the company.