ABSENCES
(Common regime)

» Concept

Absence of the public employee from the workplace and during the period in which he/she should perform activity to which is assigned

How absences are calculated

In cases of absence for periods lower than the period of work to which he/she is bound the respective periods are added for determination of the missing daily normal work periods

» Absences are

Justified

Those set out in the list provided for in the law, provided that they are duly proven and communicated to the public employer

Unjustified

Absences outside the list provided for in the law, or from among those legally provided for but without submission of the respective justification

» Effects of the absences

Justified

The justified absences do not entail the loss or damage of any rights whatsoever of the public employee, save in the following situations:

Without prejudice to other legal provisions, determine the loss of pay the justified absences:

» For reasons of illness provided that the public employee benefits from a social protection scheme in the illness

» Those provided for in subparagraph n) of paragraph 2 of article 134 of the General Labour Law in Public Functions (LTFP), when higher than 30 days per year

Unjustified

The occurrence of unjustified absences constitutes breach of the duty of regular attendance and determines:

» Loss of pay

» Deduction on the seniority

» Serious breach when the absence takes place on days or half days immediately prior or subsequent to rest days or public holidays

Note

In cases in which absences determine loss of pay, absences may be replaced by days of holidays, if the public employee expressly prefers it, in the proportion of 1 day of holidays for each absent day, provided that the effective enjoyment of 20 working days of holidays is safeguarded