Leave of absence is the suspension of work by free decision of the employee or due to some circumstance of force majeure that he must face.
In other words, the leave of absence implies that the work commitment is without effect for a certain time.
The objective of requesting or proceeding with a leave of absence is that the worker can develop other activities of a professional or personal nature.
The advantage of the leave of absence is that the person may have the opportunity, after the termination period, to resume their job or a similar one, for example, in the same area of the company. All this depends on the agreed conditions.
Types of leave
There are mainly two types of leave of absence:
- Forced: When the worker will hold a public office for which he was elected or will perform trade union functions outside his town or province of residence. In this case, the company is obliged to grant the suspension and to preserve the job. Thus, the period of leave will depend on the validity of the public position and, once this period has ended, the employee will have up to one month to request his reinstatement.
- Voluntary: An employee, who has belonged to the company for at least one year, has the possibility of requesting a leave of absence for work or personal reasons. This suspension will last between 4 months and 5 years. To request a new leave of absence, at least 4 years must elapse since the last one. In this modality, the job position is not maintained (unless otherwise agreed in a collective agreement between the company and the union), but the preferential right to re-enter a position similar to the previous one is granted when there is a vacancy . Within this category, we find an exceptional case that is the leave of absence requested for the care of family members, which, in turn, can be divided into two:
- For the care of children: You have a maximum term of three years, for each child that is had or is adopted. The cessation period is counted from the birth or foster care of the minor.
- For the care of a relative: It will not be granted for a period greater than two years. It is intended to protect relatives up to the second degree of consanguinity or affinity. The reasons may be an accident, old age or illness that prevent the employee's relative from being able to fend for himself.
It should be noted that if the leave was granted for the care of family members, reincorporation to the same job is allowed during the first year of suspension. At the end of this period, the reinsertion may occur in a similar vacancy.