Voluntary leave by family group
Implementing rules
Voluntary leave by family group is regulated in:
- Article 89.3 of TREBEP
- Article 29.3 of Act 30/1984 on measures for the reform of the civil service
- Article 17 of Royal Decree 365/1995 on administrative situations
Assumptions and requirements
Voluntary leave may be granted by family grouping without the requirement of having provided effective services in any of the Public Administrations during the period established to officials whose spouse resides in another locality for having obtained and being in permanent employment as a career official or as a fixed employee in any of the Public Administrations, public bodies and public law entities dependent on or linked to them, in the Constitutional or International Bodies of the Judiciary and similar Bodies.
Characteristics of the situation
Remuneration
- No remuneration is received.
Time of permanence computation
- It does not calculate the time for career/promotion purposes, seniority/triennials and entitlements in the applicable Social Security scheme.
Duration
- Each period of leave shall be at least two years and shall not exceed fifteen years.
Re-entry to active service
- It has no seat reserve, so that re-entry should take place in accordance with the terms set out in article 29a of Law 30/1984 on measures for the reform of the civil service.
- Before the end of the 15-year period, re-entry to active service must be requested and, if not, declared ex officio the status of voluntary leave in the private interest
Body competent for its declaration
The body competent to declare voluntary leave by family group shall be the Assistant Secretary of the Department where the staff member or career officer is serving in central services, and the Government Delegate in the Autonomous Community when he or she is in peripheral services.