Childcare Leave: Everything You Need To Know

Childcare leave is a crucial formula for reconciling family and professional life in the first years after the birth or adoption of a child or in the case of fostering a minor. With a maximum duration of three years to care for the girl or boy, and available to both mothers and fathers, it is the suspension of a work contract or period of leave, during a period in which the link between the worker or worker and his company is not entirely extinguished. Given the objective of this type of leave in the care of each child, The law contemplates some peculiarities in the rights that the leave of absence and the reincorporation and right of reservation entails for the worker. Job.

Importance of exceedance in the sustainable development goals

Among the UN’s Sustainable Development Goals (SDG) for 2030, we find in eighth position: Decent work and economic growth. Today, companies are working to incorporate the SDGs into their routines to improve the quality of life of their workers as part of a sustainable business model. This, among many other measures, places conciliation in a prominent place. The situation of childcare leave is one of the essential points of mediation. It offers workers the option of caring for their children in the stages of most significant dependency, without this implying a detriment to their professional career.  

Adding to others such as teleworking, the reduction of working hours, or the adaptation of the schedule, this measure proposes a series of alternatives that ultimately speak of making models more flexible to provide workers with a better quality of life. 

What rights does a worker have on childcare leave?

As stated in the Workers’ Statute, all workers have the right to request a voluntary leave of absence. When this also has the objective of being able to dedicate itself to the care of their children (whether they are natural or adopted or fostered), we will speak of a special leave of absence, with a maximum duration of three years from the date of application and very respectful conditions with the reinstatement of the worker.  

Although it is an individual right of all workers, the law contemplates as an exception the situation in which the two parents work in the same company and request leave to attend to the care of the same child, in this case, due to the impact that it could have on the operation of the company would not be granted to both simultaneously.  

When speaking of leave of absence, we understand that what happens is that the employment and salary relationship with the company is suspended for a limited period. Still, in this particular case, some rights are maintained:  

Reincorporation of the worker to the company. It is an automatic and unconditional right. If the company decided to dismiss the worker claiming not to have vacancies, it would be unfair. 

Computation of antiquity. Although the worker does not carry out any professional activity for the company during the leave of absence, this time would be counted within the calculation for the worker’s seniority. 

Attend professional training courses. The objective is that the worker can continue developing and not lose their professional skills, especially when there are changes in the use of systems and technology… The company will be responsible for summoning the worker on leave about the training.  

Reincorporation after childcare leave

Leave of absence constantly contemplates the reincorporation of the worker, so it is interesting to know under what conditions the return occurs when it comes to childcare leave.

• Job reservation. The worker may return to the same position that he had been holding until the moment in which he requested the leave of absence, provided that it lasts for one year.
• Reincorporation to the company. Given that childcare leave can last up to three years, the law guarantees the worker reincorporation into the company after the first year, but not necessarily into his position. The worker will be able to access a position within the company in the same professional group or equivalent category. For the reinstatement to be carried out following the provisions of the law, the worker must request it in writing fifteen days before the term of completion of the same. It is essential to know the rights and obligations, and the worker is to worry about his reinstatement and communicate it to the company in the appropriate time and manner. Otherwise, he will lose the possibility of returning to the position he held or your right of readmission in the worst of cases.
• Modification of the type of leave. Suppose the worker has not communicated their desire to rejoin within the established date to the company. In that case, the rest will automatically become voluntary, in which different conditions apply, less protective of the worker.
• Holidays and extra pay. The worker who joins after a leave of this type will not have a history in the computation of vacations and additional income: the date of his reinstatement will be the starting point to start counting them.

Of course, reincorporation is not mandatory for the worker. Once you have taken your childcare leave, based on your situation and knowing your rights and obligations, you will be able to assess the most appropriate option for your needs (reincorporation, voluntary leave, reduced working hours…) without having to give up. on reconciliation.

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