suspension of the employment relationship

The public employment relationship suspension may be justified by the temporary impossibility of the performance of work, for a fact relating to the public employee, and following agreement of the parties concerned.

The temporary impediment for fact not imputable to the public employee that is extended for more than one month, namely illness, shall determine the public employment relationship suspension. Its termination shall occur at the moment in which becomes certain that the impediment is definitive.

The public employment relationship is deemed suspended, even before the time limit of one month has been elapsed, as from the moment in which it is predictable that the impediment shall have term higher than that time limit.

Rights, duties and guarantees of the parties are maintained during suspension, in so far as they do not presuppose effective and actual performance of work. The time of suspension is calculated for seniority purposes. However, the suspension shall not interrupt the lapse of the time limit for expiry purposes or prevent the contract termination by any of the parties.

On the other hand, the grant by the public employer, at the request of the public employee, of unpaid leave shall entail the suspension of the employment relationship. In this case, the period of leave time shall not be taken into consideration for seniority purposes, except if provided for the accompaniment of the spouse placed abroad, as well as for the fulfilment of functions in international organizations and in other leaves based on circumstances of public interest.

In leaves of term lower than one year, in those provided for the accompaniment of the spouse placed abroad, as well as for the fulfilment of functions in international organizations and in other leaves based on circumstances of public interest, the public employer must ensure a vacant work post to be filled by the public employee when the leave terminates.