Leave of Absence for Care of a Family Member with a Disability (Art. 46.3 ET)

Right to request unpaid leave of absence for up to 3 years to care for a child or family member with a disability who cannot care for themselves. During the first year, job position reservation is guaranteed; for the remaining two years, job reservation within the same professional group is guaranteed. Social Security contributions during the first year are covered by SEPE. The employer cannot deny this request.

Requirements

• •Being a parent, adoptive parent, legal guardian, or relative up to the second degree of the person with a disability
• •The person being cared for must not engage in gainful employment
• •Minimum length of service of 1 year with the company
• •Submit request at least 15 days prior to the start date

Steps to follow

1. 1Gather documentation certifying disability or dependency: disability certificate, official medical report, or dependency decision.
2. 2Notify your company in writing at least 15 days in advance, specifying the duration and start date. Explicitly reference Article 46.3 of the Workers' Statute (*Estatuto de los Trabajadores*).
3. 3Submit the application to HR via official registry or certified mail with acknowledgment of receipt. The employer cannot refuse — it is an individual statutory right.
4. 4Contact SEPE to inquire about Social Security contributions during the first year, which are covered by the State.
5. 5Prior to the end of the leave of absence, notify the company with sufficient advance notice of your intent to return to work, and keep all documentation corresponding to the period.

Required documents

• •Disability certificate or official medical report
• •Family Record Book (Libro de familia) or document proving family relationship
• •Applicant's DNI
• •Written application to the employer with a stamped copy or acknowledgment of receipt

Where to file it

Empresa / Departamento de Recursos Humanos

• •Solicitud escrita al empleador con 15 días de antelación
• •SEPE para gestión de la cotización del primer año