Unpaid leave allows employees to temporarily suspend their duties without pay, provided employer consent is obtained.
What is Unpaid Leave?
Unpaid leave is a solution provided in the Labor Code that allows an employee to temporarily suspend their duties. Although not as popular as vacation or maternity leave, it can be useful in certain situations.
Eligibility and Application Process
Every employee can apply for unpaid leave regardless of their contract type or length of service. The employee must submit a written or electronic request, and the employer must provide consent. Unpaid leave is granted at the employee’s initiative; employers cannot mandate it.
Reasons for Unpaid Leave
When applying for unpaid leave, employees are not required to state their reasons for the request.
Consequences of Unpaid Leave
During unpaid leave, employees do not receive wages, and their employment relationship is suspended but not terminated. Other consequences may also apply.
Duration and Termination
The Labor Code does not specify time limits for unpaid leave, meaning there are no minimum or maximum duration requirements. In practice, the length depends on the mutual agreement between the employer and employee. The law allows for unpaid leave from the first day of employment, though this is rare. For leaves exceeding three months, the parties may include provisions for recalling the employee for important reasons (Article 174 § 3 of the Labor Code).
