Excedencia por cuidado de hijo/hija o familiar

Implementing legislation

The unpaid leave for care of a child or family member is regulated in:

Assumptions and requirements

Career civil servants are entitled to a period of leave not exceeding three years to caring for each child, both when it is by nature as adoption, or of each child subject to custody for adoption or permanent care, from the date of birth or, if any, adjudication or administrative.

The leave may be requested at any time after the date of birth or ruling of adoption, bearing, in any case, a maximum of three years from the date of birth

They also have the right to a period of leave not exceeding three years, for caring for a family member who is responsible for, to the second degree inclusive of consanguinity or affinity that for reasons of age, accident, illness or disability is unable to fend for itself and not play paid activity.

The period of leave will be unique for each subject in question. When a new subject cause gave rise to a new unpaid leave, the start of the same will put an end to which they come to enjoy.

If two staff produce the right to enjoy the same subject by the insured person, the administration may limit its simultaneous exercise for justified reasons relating to the functioning of services.

In accordance with the judgement 240/1999 of the constitutional court, the interim staff eligible for leave to care for child or family members.

Characteristics of the situation

Remuneration

  • Do not see themselves remuneration

Calculation of on-call time

  • The time period commences this situation for the purposes of race/promotions, seniority/trienniums and rights of the Social security system.

Duration

  • Maximum 3 years. if you are not sought the return to active duty before the end of the duration of leave, the staff member or the staff member shall be declared ex officio in the situation of voluntary redundancy by particular interest.

Return to active duty

  • The job will be played at least for 2 years. After this period, the reservation shall apply to a post at the same locality and the equal pay.

Competent body to his statement

The competent body to his statement will be the under-secretary of the department where, when it is in the central services and the representative of the government in the autonomous community when it is in outreach services.