Mandatory Leave for Public Office: Employee Rights and Reinstatement Spain (2026)

Mandatory Leave for Public Office: Overview

Art. 46.1 ET (Workers' Statute) guarantees workers elected or designated to public office a mandatory leave (excedencia forzosa) with: (1) reservation of the exact job position, (2) seniority accrual as if in active service, and (3) the right to reinstatement within one month of leaving office.

Key Differences from Voluntary Leave

Unlike voluntary leave (Art. 46.2 ET), mandatory leave: (a) reserves the exact same post (not merely a similar one), (b) counts fully for seniority and dismissal compensation calculations, and (c) the employer cannot refuse it.

Civil Servants: Situación de Servicios Especiales (Art. 87 TREBEP)

For public employees, the equivalent situation is "servicios especiales" under Art. 87 TREBEP, which covers appointments to government, parliament, EU institutions and international organisations. Full time, seniority accrual, job reservation and supplementary pay if the public office pays less than the reserved post are guaranteed.