Issues relating to the reservation of jobs on leave due to family care

Article 89 of Royal Legislative Decree 5/2015, of 30 October, approving the consolidated text of the Law on the Basic Status of Public Employees (hereinafter, TREBEP) provides in its section 4 the administrative situation of leave for childcare.

In accordance with the provisions of this precept: “The job performed shall be reserved for at least two years. After this period, this reservation will be made to a position in the same locality and of equal remuneration”.

That is, the rule provides that officials on leave for child care will be reserved, for at least two years, for the job they have been doing.

For these purposes, and with regard to the calculation of the reserve period, the period in which you are in this administrative situation will be calculated.

It may be the case that the period from the moment the official goes into child care leave in the first period until he re-enters the second period into leave, is more than two years, because there is interruption. However, the staff member does not enjoy more than two years of leave, for which the rule provides for the option of reserving the job he or she performs.

In this regard, it should be understood that the interested party, as long as he/she has not enjoyed more than two years of this leave, will be entitled to the reservation of the position.

With regard to which post is to be reserved for a staff member who moves to the position of child care leave from a position occupied in committee of services, it is reported that, as has been provided for the previous case, according to article 89.4 of the TREBEP, she will be reserved for the job she was performing.

Notwithstanding the foregoing, in accordance with Article 64.6 of the General Regulations on the Admission of Staff to the Service of the General State Administration and on the Provision of Jobs and Professional Promotion of Officials of the General State Administration, approved by Royal Decree 364/1995 of 10 March, officials in the Service Commission shall be reserved for their jobs and shall receive their full remuneration from the credits included in the programs in which they are endowed with the jobs they actually perform.

In other words, the staff member in the case that arises, as a result of the transition to the situation of child care leave, will be entitled to the reservation of the job that she has been performing (the position occupied in committee of services). However, once she re-enters, she will do so on a provisional basis, so that, in the event that this commission of services does not have continuity, the staff member, in accordance with article 64.6 of the General Income Regulations, will have the right to occupy the position on which she had a reservation.

All of the foregoing is without prejudice to recalling that, according to the regime of competences of this management center, the answers to queries issued by this general directorate are merely informative and, consequently, are not of a binding criterion, nor do they give rise to rights or expectations of law, nor imply any link with the type of procedures to which they refer. Furthermore, in the absence of a mandatory or binding nature, the bodies receiving such replies may, where appropriate, finally take a decision that does not correspond to the opinion contained therein.

The responses to queries contained in this bulletin address the issues raised in the light of the regulations in force at the time of their issuance, so that such responses may be affected by subsequent legislative changes or judicial decisions.