Implementing rules

Leave for child or family care is regulated in:

• Article 89.4 of TREBEP
• Article 29.3 of Act 30/1984 on measures for the reform of the civil service
• Article 14 of Royal Decree 365/1995 on administrative situations

Assumptions and requirements

Career officials shall be entitled to a period of leave of not more than three years to care for each child, whether by nature or by adoption, or for each child subject to custody for the purpose of adoption or permanent welcome, starting from the date of birth or, where appropriate, from the judicial or administrative decision.

Leave may be requested at any time after the date of birth or judicial decision of adoption, having in any case a maximum duration of three years from the date of birth

They shall also be entitled to a period of leave of not more than three years in order to care for a dependant family member up to and including the second degree of consanguinity or affinity which, for reasons of age, accident, illness or disability, cannot be self-employed and does not engage in gainful activity.

The period of leave of absence shall be unique for each causative person. Where a new cause gives rise to a new leave, the beginning of the leave period shall put an end to the person who has been enjoying it.

Where two officials create the right to enjoy it by the same causative person, the Administration may limit its simultaneous exercise for justified reasons relating to the operation of the services.

In accordance with the provisions of Constitutional Court Judgment 240/1999, interim officials are entitled to leave for child-care or family care.

Characteristics of the situation

Remuneration

• No remuneration

Time of permanence computation

• Time in this situation will be computable for career/promotion purposes, seniority/triennials and applicable social security rights.

Duration

• Maximum duration 3 years. If re-entry to active service is not requested before the end of the period of leave, the official or official shall be declared ex officio in the situation of voluntary leave in the private interest.

Re-entry to active service

• The job performed shall be reserved for at least 2 years. At the end of this period, this reservation shall be made to a post in the same locality and of equal pay.

Body competent for its declaration

The body competent for its declaration shall be the Assistant Secretary of the Department where it provides services, where it is in the central services, and the Government Delegate in the Autonomous Community where it is in peripheral services.