Regime

» General principle

In non-typified leaves it is incumbent upon the public employer and the public employee to agree the type of leave, its duration and the interest that justifies it

» Return at the term of the leave

In leaves justified under circumstances of public interest, in leaves of duration lower than one year, in leaves without pay for accompaniment of spouse placed abroad as well as in leaves for the fulfilment of functions in international organizations, the public employee when terminates the leave is entitled to fill a work post in the respective service

In other leaves, namely in leaves with duration higher than one year, the return to the service is subject to the existence of work post predicted and not filled in the workforce list, however the public employee may apply for open competition procedures for other bodies or services

» Early return

The early return depends upon the existence of a work post not filled, however the public employee may apply for open competition procedures for other bodies or services

» Effects

The grant of leave without pay determines the suspension of the employment relationship

The suspension of the contract determines the pay of holidays acquired and not enjoyed

The leave period is not taken into account for seniority purposes, save as to leaves justified under circumstances of public interest, leaves for accompaniment of the spouse placed abroad, with duration lower than 2 years, and leaves for the fulfilment of functions in international organization

» Public employee’s request

» Public employer’s agreement