Forcible leave
Implementing rules
The situation of forced leave is regulated in:
- Article 29.6 of Act 30/1984 on measures for the reform of the civil service
- Article 13 of Royal Decree 365/1995 on administrative situations
Assumptions and requirements
They shall be declared on compulsory leave:
- Officials in a situation of expectation of employment, for the duration of the maximum period or for failure to comply with the obligations laid down.
- In this case, the body responsible for declaring forcible leave is the Secretary of State for Civil Service.
- Staff members in a firm suspension situation, who do not have their jobs booked, apply for re-entry and are not granted re-entry within six months of the termination of criminal or disciplinary responsibility.
- The body responsible for declaring forcible leave in this case shall be the Directorate-General for Civil Service for officials of bodies and scales attached to the Secretariat of State for Civil Service or the Assistant Secretary of the Department of Secondment for other bodies and scales.
Characteristics of the situation
- In the first case, the re-entry requirement should be in posts of similar characteristics to those held by officials affected by the redeployment process. These staff members are required to participate in the training courses offered to them and to participate in the competitions for posts appropriate to their Body, Scale or Category, which are notified to them.
- The remaining forced surpluses shall be required to participate in competitions to be convened for the provision of jobs whose performance requirements they meet and which are notified to them, as well as to accept compulsory re-entry into active service at posts corresponding to their Corps or Scale.
- Failure to comply with the obligations laid down shall determine the transition to voluntary leave in the private interest.
- Officials in this situation shall be entitled to basic remuneration and, where appropriate, family benefits per dependent child, as well as to the calculation of time in that situation for seniority/three-year periods and entitlements of the social security scheme applicable.