Time limit for the re-entry into active service of a civil servant who is in the administrative situation of special services, by cessation of a position of free appointment, which occurs while enjoying the birth permit for the biological mother.

The consultation refers to the re-entry into active service of a civil servant who is in the administrative situation of special services, due to the cessation of a position of free appointment, which occurs while she is enjoying the birth permit for the biological mother.

In the case of re-entry into active service from the situation of special services, when the job previously performed has been obtained through the system of free appointment, a post of equal level and similar remuneration in the same municipality will be awarded, provisionally, as long as another one is not obtained definitively, as established in article 7.1.a) of Royal Decree 365/1995, of 10 March, approving the Regulations on Administrative Situations of Civil Servants of the General Administration of the State.

Article 9.1 of the same Regulation refers to the re-entry into active service of officials who lose the condition under which they were declared in the situation of special services, indicating that they must apply for re-entry into active service within one month, declaring them, if not, in the situation of voluntary leave for particular interest, with effect from the day on which they lost that condition.

The Resolution of 15 February 1996 of the Secretariat of State for Public Administration and the Secretariat of State for Finance, which establishes rules applicable to certain procedures relating to re-entry into active service and the allocation of jobs, also states the same temporal terms.

For its part, the regulation of the birth permit for the biological mother is regulated in article 49.a) of the consolidated text of the Law on the Basic Statute of the Public Employee, approved by Royal Legislative Decree 5/2015, of 30 October.

During the enjoyment of this permit, there will be a change of administrative situation from special services to active service, which is carried out through the re-entry mechanism. This, as indicated above, must take place within one month, starting from the day following the day on which the cessation occurs.

Once such re-entry occurs, the time of taking possession of the new job to which it re-enters can be decided, having two possibilities: taking possession of the job and continuing to enjoy the birth permit for the biological mother or taking possession when the permits or licenses that have been granted to the interested party end.

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.