Implementing rules

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

• Article 89.6 of TREBEP
• Law 29/2011, of 22 September, on the Recognition and Comprehensive Protection of Victims of Terrorism

Assumptions and requirements

Officials who have suffered physical or mental damage as a result of terrorist activity, as well as those threatened in the terms of Article 5 of Law 29/2011 of 22 September on the Recognition and Comprehensive Protection of Victims of Terrorism, after recognition by the Ministry of the Interior or a final judicial decision, shall be entitled to enjoy a period of leave under the same conditions as victims of gender-based violence.

Characteristics of the situation

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 or official serves.