Do you want to know what it means to be on leave? Do you want to understand the different reasons that can allow a public official to be absent from work while maintaining certain rights and obligations? Do you simply want to know everything about the different types of leave of absence for a career public official “for a friend”?
In any case, in this article you will learn in detail everything related to the leave of absence of career public officials that is regulated in article 89 of Royal Legislative Decree 5/2015, of October 30, which approves the consolidated text of the Law of the Basic Statute of Public Employees (commonly known as TREBEP).
What is leave of absence for public officials?
First things first, let’s define what a leave of absence is:
Leaves of absence are those administrative situations (not to be confused with administrative acts) in which a worker (a public employee), in this case a career civil servant, is temporarily out of active service, maintaining, of course, a series of rights. , links and sometimes limitations related to the job held, all due to a series of circumstances and needs in the life of the official.
For example, if you are a Marvel employee, specifically, you work in Stark Tower (I assume you know what Marvel is, right?) and you carry out your professional activity in a superhero office (which means you have a tough work ahead, trying to save the city daily). However, even superheroes need a break from their work and duties for different reasons (whether it’s taking care of a family member, facing a personal situation, taking a break, etc.).
Well, this temporary motivated rest is leave of absence; The advantage you have for being protected by this legal figure is that, while you are “resting”, you maintain the connection with your work (that is, you are still a superhero working for Tony Stark for all purposes), despite not being working. actively and although there are certain limitations.
The consecration of this right to leave is enshrined in the famous article 89 of TREBEP. It is in this famous article (who knows the reason for its fame) where the different situations or reasons why career civil servants can be absent from their duties are exposed.
We must take into account that this article 89 of the TREBEP has been modified by Law 4/2023, of February 28, for the real and effective equality of trans people and for the guarantee of the rights of LGTBI people, with entry into effective 03/02/2023.
Modalities of leave of absence for public officials
As we have mentioned, article 89 of the TREBEP establishes the different types of leave modalities that a career public official can take advantage of:
-Voluntary leave of absence due to private interest: Those officials who have provided effective services in any of the Public Administrations for a period of at least five years have the possibility of requesting voluntary leave of absence due to private interest.
This leave is subject to the needs of the service in question, in addition to not being applicable during a disciplinary file. There is a possibility that it will be declared ex officio if re-entry is not requested after completing the case. Officials who are on voluntary leave due to private interest will not earn the corresponding remuneration, nor will the time they remain in said situation be computed for the purposes of promotions, trienniums and those rights of the Social Security regime that is applicable to them.
We must take into account that the Public Service laws that are dictated in development of the Basic Statute of the Public Employee, will have the possibility of establishing a duration that is shorter and for minimum periods for permanence in it.
Practical Example 1. A necessary time of rest
Gloria is a civil servant who has been working for the Public Administration for 7 years and decides to take a sabbatical period to travel around America. To do this, she requests a voluntary leave of absence for personal interest, knowing that this decision is subject to the needs of her service and, thank God, she is not immersed in a disciplinary file, in addition she will not receive a salary and the time will not be counted for promotions. triennials and Social Security benefits. Of course, if Gloria does not request reinstatement at the end of the case, the leave could be declared ex officio.
-Voluntary leave due to family grouping: It is granted to those officials whose spouse must be a permanent career or labor official who is working permanently in another location. A minimum period of services provided to Public Administrations is not established.
In this case, as in the case of voluntary leave due to private interest, remuneration will not be accrued nor will the deadlines be computed for the purposes of promotions, trienniums and benefits related to Social Security that are applicable.
Practical Example 2. Ana, a lover of those who do not remain
Ana, a career civil servant, decides to request a voluntary leave of absence due to family grouping because her spouse, David, also a career civil servant, has been assigned to Ávila (they live in Seville). Ana knows that she does not require a minimum period of services provided and knows that she will not receive a salary and the time will not count for the purposes of promotions, three-year terms or Social Security, but Ana wants to support David in this very complicated transition period for him (it is a lover of his land and leaving Andalusia is always a difficult transition).
-Leave of leave to care for family members: Career civil servants have the right to a period of leave of up to three years in order to care for their children, starting from the date of their birth.
Other cases that would allow you to enjoy this right to a period of leave under the same conditions would be to care for a family member who is in the charge of the official, as well as up to the second degree of consanguinity or affinity that, due to age, accident , due to illness or disability, are not able to take care of themselves and do not carry out any paid activity.
In this case, the time spent in this case will be computed for the purposes of the triennium, the career and those rights in the general regime that is applicable in relation to Social Security. Participation in various training courses is added as a possibility to this type of leave.
Practical Example 3. Silvio, the civil servant and first-time father
Silvio, a career civil servant who has recently become a father, requests a family care leave to care for his little newborn. With this leave he will be able to dedicate the necessary time to his family.
It is very relevant to highlight that the time that this leave lasts does count towards three-year periods, career and rights in the general Social Security regime, allowing Silvio to ensure the accumulation of professional benefits during this period. In turn, Silvio has the option of participating in training courses that allow him to continue training as a professional.
-Leave of leave due to gender violence: All officials who are victims of gender violence, with the aim of making effective the protection and right to comprehensive social assistance that they hold, may have the right to request this leave of absence, without the need for a minimum period of prior service to the Public Administrations (more flexible requirements compared to other types of leave given the delicacy of the subject). No minimum period of stay will be required.
People benefiting from this leave will have the right to reserve the position for a duration of six months (extendable for three months with a maximum of eighteen) with effects on seniority, career and those rights related to Social Security.
At the same time, while we are during the first six months of this leave, the civil servant has the right to receive full remuneration and all benefits related to her dependent children.
Practical Example 4. Soledad, a brave civil servant
Soledad, a public official who recently suffered gender violence, requests a leave of absence due to gender violence. The Public Administration grants her this right to guarantee her protection and provide her with comprehensive social assistance (remember that, in this case, a minimum time for providing services is not required)
During the first six months of the leave, Soledad’s job is reserved for the purposes of seniority, career and Social Security rights, thus providing the victim with stability and allowing him to focus on his recovery without having the fear of losing his job. work position. Soledad normally receives all full remuneration during this period, thus being able to cover her economic needs, and the benefits related to her dependent children continue to be received, guaranteeing the well-being of her family during this difficult process. .
-Leave of leave due to terrorist violence: All those officials who have suffered physical or mental damage derived from terrorist activity, as well as those officials who have the status of threatened according to the provisions of Law 29/2011, of September 22 , of Recognition and Comprehensive Protection of Victims of Terrorism, will have the right to enjoy a period of leave on equal terms with those victims of gender violence.
In order to have access to this type of leave, the official must have prior recognition from the Ministry of the Interior or, where appropriate, a court ruling that is final. This leave will be maintained as long as it is necessary for the correct protection and comprehensive social assistance of the official to whom it is granted, either due to consequences that have been caused by terrorist violence, or due to intimidating or threatening situations, respecting the appropriate regulatory terms.
Practical Example 5. Nightmares at work
Kevin, an official affected by a terrorist act that occurred while he was carrying out his services, requests a leave of absence due to terrorist violence to guarantee his protection and comprehensive social assistance. To request this leave, Kevin manages to obtain the required prior recognition from the Ministry of the Interior that confirms the damages suffered by Kevin.
The duration of the leave is extended as necessary to ensure the protection and comprehensive assistance of Kevin, due to the physical and psychological consequences suffered (he suffered several blows from the terrorists). The Public Administration focuses on the appropriate application of the leave of absence, demonstrating its commitment to providing the necessary support for Kevin’s recovery and comprehensive well-being.
Conclusion
In closing, I would like to congratulate you for getting this far. In this article we have seen what the leave of absence of career public officials referred to in article 89 of the TREBEP are and what they consist of, in addition to their different modalities, as well as practical examples that have illustrated this legal figure.
Therefore, let us remember that the leave of absence applicable to career civil servants may take some of the following modalities: voluntary leave of absence for private interest; voluntary leave due to family grouping; leave to care for family members; leave due to gender violence or sexual violence; and, leave due to terrorist violence.