Voluntary leave for private interest
Implementing rules
The situation of voluntary leave in the private interest is regulated by:
- Article 89.2 TREBEP
- Article 29.3 of Act 30/1984 on measures for the reform of the civil service
- Article 16 of Royal Decree 365/1995 on administrative situations
- The Agreement of 13 July 1995 of the Superior Staff Commission, laying down the criteria for the application of the Regulations on Administrative Situations
Assumptions and requirements
Career officials may apply for voluntary leave in the private interest where they have provided effective services in any of the Public Administrations for a period of at least five years immediately preceding them.
- In this regard, the agreement of 13 July 1995 of the Senior Staff Commission sets criteria for the five-year computation.
- They may have been rendered as a career officer, trainee, interim officer, temporary staff or under employment or administrative contract in any of the public administrations, public bodies and social security management entities.
- Similarly, the services provided in situations of active service, special services, service in other public administrations, leave to care for children/family members, expectation of destination, forced leave and temporary suspension that is not declared final shall be taken into account.
- The granting of voluntary leave for particular interest shall be subject to the duly motivated needs of the service.
- It may not be declared when the public official is instructed in disciplinary proceedings.
It shall also be appropriate to declare ex officio the voluntary leave of private interest when the cause which determined the transfer to a situation other than that of active service is terminated, the obligation to apply for re-entry to active service is not complied with within the time limit to be determined.
Characteristics of the situation
Remuneration
- No remuneration
Time of permanence computation
- It does not calculate the time for career/promotion purposes, seniority/triennials and entitlements in the applicable Social Security scheme.
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.
- Each period of leave shall not be less than two continuous years. The maximum duration is indefinite.
Body competent for its declaration
The body responsible for declaring the situation of voluntary leave in the private interest is the Assistant Secretary of the Department where the staff member or career officer serves.