A recent ruling by the Spanish Supreme Court has clarified an important issue regarding voluntary leave and an employee's right to return to work. While voluntary leave does not guarantee that the original position will be reserved, employees have priority when suitable vacancies become available within the company.

According to the ruling, employers cannot automatically reject a request to return if there are positions compatible with the employee's professional category. Furthermore, if the company has hired new staff or converted temporary contracts into permanent positions for similar roles during the leave period, it must justify why those vacancies were not offered to the employee requesting reinstatement.

This decision strengthens employee protection while reinforcing the obligation for companies to manage reinstatement requests fairly, transparently and in accordance with labour legislation. Refusing a return without a valid reason may lead to legal claims and potential liabilities.

For employees, the ruling confirms that voluntary leave does not mean losing every employment right. If they believe their preferential right to return has not been respected, seeking professional legal advice is highly recommended.

At Grupo Gestiona, we advise both businesses and employees on labour law, voluntary leave, reinstatement procedures and employment disputes, ensuring every case is handled with legal certainty and confidence.