Issues relating to permission to take examinations and other final aptitude tests

The question raised concerns the duration of the permit to attend final examinations and other final aptitude tests included in article 48.d) of Royal Legislative Decree 5/2015, of 30 October, approving the consolidated text of the Law on the Basic Status of Public Employees (TREBEP).

In the first place, the legal framework for implementation must be analysed. Thus, Article 48.d) of the TREBEP, provides in relation to public officials that they will be granted permission "to take final examinations and other final aptitude tests, during the days of their celebration".

Article 30.1.d) of Act No. 30/1984 of 2 August 1984 on measures to reform the civil service is stated in very similar terms.

This legal provision is developed in the Resolution of April 14, 2026, of the Secretary of State for the Civil Service, which provides instructions on the working hours and hours of staff in the service of the General Administration of the State and its public agencies, which is provided in section 10.2.a), which will be granted “paid leave, for the indispensable and sufficient time, to attend final exams and other definitive tests for the attainment of an academic or professional qualification recognized during the days of its celebration”.

In view of the above, the question raised focuses on the duration of this permit. In this regard, the criteria for the interpretation of this permit have been established as a legal doctrine by the Judgment of 28 June 1996 of the Third Chamber of the Supreme Court, issued in the appeal for cassation in the interest of Law No. 6059/94, which, in short, are the following:

a) In the event that the examinations and other definitive tests of aptitude and evaluation in Official Centers must take place at the same place of destination of the official and within his working day, the permit must be granted for the time indispensable to attend the examination, it being understood that the expression "indispensable time", does not necessarily imply the granting of the permit throughout the day of the celebration of the tests, it being possible to assume that said permit is granted only for certain hours of the working day, provided that those that are granted allow to attend the celebration of the test and return in time to the unit where the service is provided.

(b) In the event that the examination and other evidence referred to in the precept are to be held in the same locality of the destination, outside the official ' s working day and the latter is not affected by the circumstances of the examination, no permit may be granted.

Therefore, if the examination takes place in the same locality, the time necessary to attend the examination must be granted, it being understood that the expression "indispensable time" does not necessarily imply the granting of the permit during the whole day of the celebration of the tests.

Having said this, however, it must be taken into account that the permit must be granted for the minimum time but also sufficient for the norm to fulfill its objective of making possible the concurrence to definitive examinations and tests of aptitude, therefore, the different extremes involved in the performance of a test or examination must be assessed, taking into account, in any case, that the legislator intends to ensure that the official can perform this type of tests without any type of curtain or element that may disturb the performance of the same. Therefore, it must be assessed, in those cases in which the permit does not proceed during the whole day of the performance of the test or tests, that the protected norm is granted.

The particular circumstances concurrent in each case must be weighed appropriately by the competent body so that the granting or refusal of the permit conforms to this general criterion.

On the other hand, in accordance with the provisions of the Instructions on working hours and schedules, by “final exams and other final aptitude tests“Those aimed at obtaining a recognized academic or official degree are understood.

However, it should be noted that Article 18.4 of the EBEP states that “The Public Administrations will adopt measures that encourage the participation of their staff in the selective processes of internal promotion and for the progression in the professional career”.

Among these measures would be, in the opinion of this center, the authorization to carry out internal promotion exams, for the duration of the same, without the need to request a day of own affairs.

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.