7 of February, 2025

The Workers’ Statute recognizes unpaid leave to tackle certain contingencies that may prevent work attendance. However, it is a topic that can raise doubts. Therefore, from Sesame HR we want to provide you with all the information about the unpaid leave of the Workers’ Statute. Continue reading!

What are unpaid leaves according to the Workers’ Statute?

Unpaid leave is understood as that aimed at those employees who due to personal or family reasons have to be absent from their job. Such licenses are regulated by the Workers’ Statute and apply to anyone contracted under it.

Characteristics of unpaid leave from the Workers’ Statute

Some of the characteristics of the unpaid leave from the Workers’ Statute are:

They can be acquired by the worker in order to cover certain absences due to illness, work incapacity, maternity or family trips, among other reasons.
In these cases the employee will not receive any compensation or remuneration for the time they have taken these concessions.
The duration and the number of hours can vary, although it is much less than that of paid leaves.
The staff can request them, although the company does not have the duty to authorize or allow them. Thus, if the entity considers that there are no justified reasons for requesting it, it may decline the request.
In the same way, it can reject it if it considers that said leave may negatively affect the company.

What does the Workers’ Statute say about these leaves?

The Worker’s Statute includes unpaid leave, which offers employees labor protection while they are on leave for various reasons, whether family or medical.

That is, it ensures that employers cannot dismiss in a lawful manner or discriminate in any way against workers. Therefore, once the circumstances that force to take that time are over, you can return to work without problem.

It is a valuable tool with which to help protect the members of a staff from possible unfair treatment by employers. However, the conditions of the leaves will depend on the collective agreement or what has been signed with the entity.

Steps to manage unpaid leave

To know how to manage the unpaid leave included in the Workers’ Statute the following steps must be taken.

Go to the collective agreement

Depending on the collective agreement there may exist multiple types of unpaid leave. Sometimes it can happen that this type does not exist or is not contemplated.

Therefore, the first thing the HR department should do is to inform itself and know exactly what the regulations provide.

Establish a policy of unpaid leave from the Workers’ Statute

This policy should be clear and coherent, while recognizing different points that will be taken into account, such as the following:

The seniority of the worker. In many agreements, a minimum stay of 1 or 2 years is required to apply for this type of leave.
Duration of the unpaid leave from the Workers’ Statute. This can be given in a maximum of 1 month. It usually happens in the fractionated ones, which allow dividing the leave into several sections.
Whether the option of fractionating it will be given or not.
The time that must pass from the last request for unpaid leave from the Workers’ Statute. In some cases, it may be required that at least 6 months have passed from the enjoyment of the last one.
If there is an obligation of notice. How far in advance must the request be made? In many agreements, a minimum of 15 days is requested.

Communicate the leave policy and request process

Once the policy of unpaid leave from the Workers’ Statute is established, the way it will work and how the request may be made should be informed.

A document can be prepared that will be provided to each employee, hold a meeting or make it available on some platform where it can be consulted. On the other hand, the staff should be able to go for more information to the indicated place.

Evaluate the request and response procedure

Establishing how each request will be evaluated and decided is crucial. In this way, the member of the team can be communicated the resolution and the reasons for it.

On the other hand, the HR department will be in charge of making the resolution reach the interested party through the channel that has been decided. In the same way, it should also communicate it to the rest of the departments that the absence is going to affect such as the supervisor.

Record and follow-up of the leave

The HR department must keep a record of the unpaid leaves granted and keep track of each of them. In this way, you can keep the situation up to date and know it at all times. In these cases, it is advisable to be flexible to keep employees happy.

To manage the unpaid leave from the Workers’ Statute and other leaves, certain software can be used like Sesame HR.

Advantages of managing unpaid leave

There are certain advantages to managing the unpaid leave from the Workers’ Statute. These are:

Improve job satisfaction. When team members feel supported and valued by their entity, they are more committed to their work. The result of a happy team is greater efficiency.
Reduce stress and exhaustion, by having the opportunity to take time off, they can face this unexpected situation in a more relaxed way. This can help them to return to work happier, healthier and more productive.
Help attract and retain the best talents. In a labor market as competitive as the current one, companies must offer attractive benefits for people who want to work for them. Unpaid leaves can be a way to differentiate themselves from the competition and attract the best candidates.

Ricardo López has built a solid career in the field of human resources, excelling in payroll administration, labor relations management, and employment advisory services. His academic background in labor law and human resources, combined with his experience in companies such as Zeus - Smart Visual Data, Sesame HR, and Grupo Noa's, has allowed him to develop a comprehensive understanding of workforce dynamics and personnel management. With over 10 years of experience, he has demonstrated strong expertise in benefits administration, HR documentation, and career counseling. Ricardo continues to contribute to the efficient and people-centered development of the organizations he works with.

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ricardolopez

HR Content Specialist

How to manage unpaid leave from the Workers’ Statute from HR