Implementing rules

The situation of voluntary leave to provide services in the public sector is regulated by:

• Article 29.3 of Law 30/1984 on measures for the reform of the public function
• Article 15 of Royal Decree 365/1995 on administrative situations

Assumptions and requirements

It shall be appropriate to declare this situation on its own initiative or at the request of a party:

• Career officials who are in active service in another body or scale of any of the public administrations, unless they have obtained appropriate compatibility.
• Career officials who undertake to provide services as permanent staff in public sector bodies or entities and are not entitled to remain in active service or special service situations.
• To State career officials integrated into the public service of the autonomous communities who voluntarily enter bodies or scales of their own officials other than those in which they were initially integrated.

• Under no circumstances will the performance of a post as an interim or temporary staff be able to move to this administrative situation.

Characteristics of the situation

• Staff members may remain in this situation as long as the service relationship that gave rise to it is maintained. Once a career official or permanent staff has been discharged, they must apply for re-entry to active service within a maximum of one month in accordance with Article 29a of Law 30/1984, stating, if not, in the situation of voluntary leave for private interest.

Body competent for its declaration

The authority responsible for declaring the situation of leave for service provision in the public sector shall be the Assistant Secretary of the Department where the staff member or career officer provides services when it is in central services and the Government Delegate in the Autonomous Community when it is in peripheral services.