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Child Care Leave: A Practical Guide
After the great reception of the article of reduction of working hours for legal guardianship, we present a new article that complements it, the figure of leave for childcare.
As always, the usual question and answer format to expose all influencing aspects as clearly as possible.
What is child care leave?
It is a right contained in article 46.3 of the Workers’ Statute, by which the worker can suspend his / her contract for the care of each child (both born, adopted or fostered) until the child reaches 3 years of age (or 3 years from the date of adoption or foster care).
How do you communicate?
Always in writing, making clear the reason for the leave (it is very important to state that it is for childcare) and with sufficient notice.
The Workers’ Statute says nothing, so collective agreements usually regulate such notice, which is usually 15 days.
Is there a minimum duration for the leave of absence?
No, it can be 5 days if you want, for example.
Can I request the leave of absence, return to the company and then request it again?
If the child is under 3 years old, yes. No problem.
And extend the application without rejoining?
Also, no problems.
Do I have to put the end date of the leave of absence on the letter?
Yes, since the company is obliged to notify Social Security of said end date.
And how should I notify the company that I am coming back?
Through another written communication with the notice stated in the applicable collective agreement. If there is no agreement, 15 days.
Can both parents ask for said leave of absence at the same time?
Yes. The only limits arise if you both work for the same company. It will be necessary to be to what the agreement says and the particular situation.
Can I link periods of leave of absence if I have another child while I am on leave of absence for the first one?
Yes, but then you are not at most 6 years old. The beginning of a new period of leave will end the one that you have been enjoying. You must notify the company that you are starting a new leave of absence for a new child in writing.
Did I totally dissociate myself from the company at that time?
No, since:
– You have the right to attend vocational training courses under the same conditions as your colleagues, and especially on the occasion of reinstatement.
– The period of leave is computed for the purposes of seniority in the company.
Do I have a guaranteed job position?
During the first year, yes, totally (15 months if the worker is in a normal large family and 18 if it is a special large family).
After the first year, there is the right to reserve the job in the same professional group or equivalent category. That is, not your position but a similar one …
In summary: they are obliged to readmit you , since on this leave of absence readmission is never contingent on the existence of a vacancy in the company. A denial of readmission after childcare leave will always be void.
Can I work in another company while I am on leave?
This is a tricky question, since there is no regulation that regulates it, so each case must be analyzed individually. Values such as good faith, unfair competition come into play …
In general terms, it can be said that if the new job allows a better balance between paternal / maternal tasks than the work that generates leave, there will be no problem. Otherwise, if we could be facing possible disciplinary dismissals, especially in case of entering into a competing activity with the company, either on our own or someone else’s account.
Can I be fired or put in an ERE while I’m on leave?
Power of attorney, they can… Once included in the dismissal or ERE, the causes will have to be analyzed and see if they conform to the Law. If not, the dismissal will be void directly.
Do I have to be paid the extraordinary payments before taking the leave of absence?
Yes, they have to pay you the proportional part of the extraordinary payments generated and the vacations not taken, but on a normal payroll. It is not a settlement.
Can I take the leave of absence after breastfeeding?
Yes, but be careful. Cumulative lactation is calculated taking into account that you will be working until the baby is 9 months old. If after breastfeeding you take the leave of absence, the company may force you to return the money for those days of accumulated breastfeeding not actually generated.
Do I have the right to vacation when I return from leave?
No, you do not generate vacations (or salary, or extraordinary payments).
Can I access unemployment from my childcare leave?
No, there must be a reinstatement of at least one day, and a legal situation of unemployment subsequently generated (which is usually dismissal).
If I am unemployed shortly after I return from leave, how much will I get?
The contribution bases of the period prior to the leave of absence are taken. The leave of absence is like a parenthesis that they do not contemplate (neither in your favor nor against you)
While on leave of absence I have become pregnant again. Do I have to go back to work to get maternity benefit for my new child?
No. The 3 years of leave to care for each child will be considered as paid for the following Social Security benefits: retirement, permanent disability, death and survival, maternity and paternity. This period is extended to 30 months for a general large family and 36 for a special large family. Therefore, it is not necessary to return to work to have the maternity benefit.
Do you have any doubt left? Comment on the article and expose it!
Share this article with all your contacts on social networks. And if you need us to help you claim your rights, do not hesitate to contact us through the services of the web or by requesting an appointment at: citaprevia@expertolaboralonline.com
Thank you to: Experto Laboral Online.
