Voluntary leave is requested in writing, and the request matters more than it seems: it fixes your dates and, later, it is the proof of what you asked for and when. Below is a template to copy, a quick check of your agreement first, and a worked example. What voluntary leave is, how long it lasts and what happens with paro (unemployment benefit) is explained in voluntary leave of absence in Spain.
Your employer will expect the request in Spanish. Each template is therefore in Spanish to copy, followed by an English translation so you know what you are signing.
What the request needs to include
Article 46.2 of the Estatuto de los Trabajadores does not set a form. What you do need to make clear:
| Detail | Why |
|---|---|
| Your name, ID (DNI or NIE) and position | Identifies the contract concerned |
| That you request voluntary leave (art. 46.2) | Avoids confusion with other types of leave |
| Start and end dates | The length must be between 4 months and 5 years |
| Your seniority | One year is the minimum; it helps to have it on record |
| A request for written confirmation | So the dates are accepted, not just agreed by word of mouth |
| Date, signature and space for a signed receipt | Proves when you submitted it |
You do not have to justify the reason. You can state it if you like, but it does not change your right.
Before you submit it
Three quick checks that take ten minutes:
- Your collective agreement. Find the section on leave: notice period, how to request it and whether it improves anything in the Statute.
- Your seniority. You need at least one year of seniority in the company. Count from your start date, which is in your contract and your vida laboral (employment record). If you are right at the limit, check with your agreement or a union which date counts before you submit.
- The length you request. Between four months and five years. If you ask for less than four months, it is not voluntary leave under article 46.2.
Template 1: request with fixed dates
Asunto: solicitud de excedencia voluntaria
A la atención de [nombre o departamento de RR. HH.]:
Yo, [nombre y apellidos], con DNI [número], que trabajo en [empresa] como [puesto] desde el [fecha de alta], le solicito una excedencia voluntaria, al amparo del artículo 46.2 del Estatuto de los Trabajadores, desde el [fecha de inicio] hasta el [fecha de fin].
Le ruego que me confirme por escrito la concesión y las fechas indicadas.
[Ciudad], a [fecha]. [Firma]
Recibí copia el [fecha]: [nombre y firma de quien recibe]
The English translation:
Subject: request for voluntary leave of absence
To [name or HR department]:
I, [full name], ID number [number], who work at [company] as [position] since [start date], request voluntary leave of absence under article 46.2 of the Workers Statute, from [start date] to [end date].
I ask you to confirm in writing that it is granted and the dates given.
[City], [date]. [Signature]
Copy received on [date]: [name and signature of the person receiving it]
If your agreement requires another form, such as an internal form, follow that and also keep this copy.
Template 2: reminder if they do not reply
Use it if a few days pass and nothing has been confirmed. Send it by the same means as the first time.
Asunto: recordatorio — solicitud de excedencia voluntaria presentada el [fecha]
A la atención de [nombre o departamento de RR. HH.]:
El [fecha] presenté una solicitud de excedencia voluntaria desde el [fecha de inicio] hasta el [fecha de fin]. No he recibido contestación.
Le ruego que me confirme por escrito la concesión o, en su caso, los motivos que impidan concederla, antes del [fecha].
[Ciudad], a [fecha]. [Firma]
The English translation:
Subject: reminder — request for voluntary leave submitted on [date]
To [name or HR department]:
On [date] I submitted a request for voluntary leave from [start date] to [end date]. I have not received a reply.
Please confirm in writing that it is granted or, if not, the reasons that prevent it, by [date].
[City], [date]. [Signature]
How to submit it and prove it
The rule is the same as for any important communication with the company: you must be able to prove the date. Hand it in with two copies (one stamped or signed by the person receiving it) or send it by a means that leaves a record, such as an email with a read receipt. If you doubt they will accept it, a burofax (registered letter with certified content) records both date and content.
The Statute sets no legal notice period: your agreement or the internal rules do. If there is nothing, I would submit at least a month ahead, and better two, because with the date confirmed you can organise the handover calmly.
A worked example with dates and numbers
Lucía joined the company on 15 January 2025 and earns €21,000 gross a year. On 2 December 2026 she submits a request for voluntary leave from 1 February 2027 to 31 July 2027.
| Item | Detail |
|---|---|
| Seniority on 1 February 2027 | More than two years (meets the one-year minimum) |
| Length requested | 6 months (within the 4 months to 5 years range) |
| Pay she gives up | €21,000 / 12 × 6 = €10,500 gross |
| When she would ask to return | 30 April 2027 (about three months before the end, a practical recommendation) |
| Earliest date to request another one | From August 2031 (four years after 31 July 2027) |
With those numbers, before submitting, Lucía compares the €10,500 she will not earn with what she wants to achieve in those six months. The request is not minor paperwork: it is the decision not to be paid for half a year.
What I would do
I would request the leave with fixed dates and in good time, in writing and with proof of delivery. I would wait for written confirmation before stopping work, and keep it with the request. I would put a reminder in the calendar for three months before the end, to ask to return. And before all that I would talk to the company about what happens to my post: voluntary leave gives no reserved job, only a preference, and it is better to know that while you can still decide.
What comes next
During the leave the contract is suspended: no pay, no employer contributions, and those months do not count towards paro. As the end approaches, the key piece is the request to return, with its template and steps in returning after voluntary leave of absence in Spain. If what you need is to care for a child, the leave you want is a different one and does reserve your job: childcare leave of absence.