Returning after voluntary leave of absence in Spain: rights and steps

Coming back from a voluntary leave of absence (excedencia voluntaria) is not simply turning up on Monday. Your contract has not disappeared, but your job is not waiting for you either. What you have is a preference, and what you do in the months before the end decides whether it becomes a job. Below are the real rights, when and how to ask to return, a template letter and what to do depending on the company’s answer. If you have not yet requested the leave, start with voluntary leave request in Spain: template.

Your employer will expect the request in Spanish. The template is therefore given in Spanish to copy, followed by an English translation.

What right you actually have

Article 46.5 of the Estatuto de los Trabajadores (Workers Statute) says that a worker on voluntary leave keeps only a preferential right to return to vacancies of the same or a similar category that exist or arise in the company. In practice:

This is the opposite of leave to care for a child, which does reserve the job for the first year (childcare leave of absence in Spain).

When and how to ask to return

The Statute sets no date. But the request is what, in practice, activates your preference, and your collective agreement may require a deadline: if there is one and you miss it, you could lose the preference. So the first step is to read the agreement’s section on leave.

Meanwhile, the sensible routine is:

1. Ask in writing, about three months before the end (my recommendation, not a legal deadline).
2. State the post or category you aim for and the end date of the leave.
3. Keep proof of delivery, as with any important communication.
4. Keep the request and any reply, even a short email.

Template: request to return

Asunto: solicitud de reingreso tras excedencia voluntaria

A la atención de [nombre o departamento de RR. HH.]:

Yo, [nombre y apellidos], con DNI [número], trabajador de [empresa] con la categoría de [categoría], me encuentro en situación de excedencia voluntaria desde el [fecha de inicio] hasta el [fecha de fin].

Conforme al artículo 46.5 del Estatuto de los Trabajadores, solicito mi reingreso, con efectos desde el [fecha del día siguiente al fin], en una vacante de mi categoría profesional o de categoría similar.

Le ruego que me confirme por escrito la fecha de incorporación y el puesto asignado, o, en su caso, que me informe de las vacantes existentes y de los motivos por los que no es posible el reingreso.

[Ciudad], a [fecha]. [Firma]

Recibí copia el [fecha]: [nombre y firma de quien recibe]

The English translation:

Subject: request to return after voluntary leave of absence

To [name or HR department]:

I, [full name], ID number [number], an employee of [company] in the category of [category], am on voluntary leave of absence from [start date] to [end date].

In accordance with article 46.5 of the Workers Statute, I request to return, with effect from [date of the day after the end], to a vacancy in my professional category or a similar one.

Please confirm in writing the date of return and the post assigned, or, if applicable, inform me of the existing vacancies and the reasons why my return is not possible.

[City], [date]. [Signature]

Copy received on [date]: [name and signature of the person receiving it]

What the company may reply and what to do

If there is silence or a refusal, do not just wait: what matters is that everything is in writing.

If there is no vacancy today: the preference does not vanish at once

Article 46.5 speaks of vacancies that “exist or arise” (hubiera o se produjeran), and that is what makes it worth keeping the request alive. According to the summary published by Cuestiones Laborales of a Supreme Court ruling of 16 June 2026 (appeal 4719/2024), the worker on leave had an expectant right that depends on a vacancy existing, but his preference was recognised when the company kept hiring staff of his category after his written request. It is one specific case, summarised by a third party, not a general rule: it helps explain why a dated written request is what weighs most, not to promise that you will win.

A worked example with dates

Following Lucía’s example from the leave request template, her leave runs from 1 February to 31 July 2027.

Lucía worked almost two years before the leave, so she comfortably exceeds the 360 days of contributions required for paro (unemployment benefit). If the company unjustifiably refuses to take her back, applying for benefit may be a route, provided she meets the other requirements. The months of leave do not count towards that total.

If they refuse

1. Keep everything: the request, proof of delivery, the reply and a list of the hires you see in your category.
2. Ask for the refusal in writing, with the reason. If they say there is no vacancy, ask when they will review it.
3. Talk to a union or an employment lawyer before weeks go by. If a claim is possible, there are deadlines and they depend on your case, so do not wait. The deadline to challenge a dismissal in Spain is only a reference: confirm with whoever advises you which one applies to you.
4. Check paro. What applies to someone returning from leave is in unemployment benefit after leave or reduced hours in Spain.

What I would do

Two things, both before the leave ends. First: read the collective agreement looking for a deadline to ask to return, because it is the one detail that can make you lose the preference through carelessness. Second: send the request in good time by two routes (by hand and by email), keep the reply and, if it is a refusal, go to the union with all the paperwork instead of a corridor conversation. And I would not assume my job is waiting for me, nor skip turning up the day after the end without having discussed it in writing.