Implementing rules

The situation of leave due to gender violence is regulated in:

• Article 89.5 TREBEP
• Article 29.8 of Act 30/1984 on measures for the reform of the civil service

Assumptions and requirements

Female workers who are victims of gender-based violence, in order to give effect to their protection or their right to comprehensive social assistance, shall have the right to request leave without having to provide a minimum period of prior services and without a mandatory period of stay in it.

Characteristics

Remuneration

• During the first two months of this leave, the staff member shall be entitled to full remuneration and, where appropriate, family benefits per dependent child.

Calculation of the length of stay and re-entry to active service

• During the first six months, they shall be entitled to reserve the post they will carry out, being computable that period for seniority, career and entitlements of the social security scheme applicable to them.
• Where the judicial proceedings so require, this period may be extended by three months, with a maximum of eighteen months, with the same effect as those mentioned above, in order to ensure the effectiveness of the right of protection of the victim.

Body competent for its declaration

The body responsible for declaring gender violence leave is the Assistant Secretary of the Department where the official serves.