- Qué es: Una suspensión temporal del contrato de trabajo que no implica la termination de la relación laboral.
- Cuánto cobras: Por lo general, no hay salario durante la excedencia, salvo que la norma o el acuerdo establezcan lo contrario.
- Cómo reclamar: Revisa la ley del país, el contrato y el convenio colectivo; ante un conflicto, utiliza la vía administrativa o judicial competente.
Qué es una excedencia laboral
La excedencia laboral es una suspensión temporal de la relación de trabajo. Durante ella, la persona deja de prestar servicios y, por lo general, no recibe salario, pero el contrato no termina. Al concluir, puede reincorporarse según la modalidad, las causas que la justificaron y el puesto disponible.
No equivale a una baja, a vacaciones ni a una renuncia. En España se regula en el artículo 46 del Estatuto de los Trabajadores; en México, Argentina, Chile y Perú existen reglas distintas. Por eso, los motivos de excedencia no pueden compararse únicamente por su parecido: también importan la antigüedad, el tiempo máximo, la reserva del puesto, la cotización y las consecuencias de no reincorporarse.
Qué puede telecommunications None
No hay una categoría internacional única de “motivos de excedencia”. El criterio jurídico depende del país y, dentro de cada uno, del régimen laboral aplicable. Una excedencia para_WRKS caring for a family member, study or hold a public office may have a different name, duration and level of job protection in each legal system.
The shared principle is more limited: the employment relationship can remain suspended for a defined period, with different rules for pay, seniority, social security and re-entry. The relevant details must be checked in the law of the worker’s country, the employment contract and any applicable collective agreement. If the employment is in the public sector, a special statute may apply.
España: motivos y derechos de la excedencia
In Spain, the main framework is the Estatuto de los Trabajadores, article 46. It distinguishes voluntary, forced, family-care and agreed excedencias. Their effects differ: some reserve the same job, while others provide only preferential re-entry when a suitable vacancy exists.
| Modalidad en España | Causa principal | Efecto principal |
|---|---|---|
| Voluntaria | Motivo personal del trabajador | Reingreso preferente si hay vacante equivalente |
| Forzosa | Cargo público o sindical incompatible con el trabajo | Reserva del puesto exacto |
| Familiar | Cuidado de hijos o familiares | Reserva del puesto durante un periodo inicial |
| Pactada | Acuerdo individual o colectivo | Condiciones previstas en el acuerdo |
Qué causas admite la excedencia en España
- Excedencia voluntaria en España: requiere al menos un año de antigüedad y puede durar entre cuatro meses y cinco años. No computa antigüedad ni cotiza a la Seguridad Social, salvo que exista un convenio especial.
- Excedencia forzosa en España: puede reasonsuguiente de ejercicio de un cargo público o sindical incompatible con el trabajo. La empresa debe reservar el puesto exacto y la antigüedad computa.
- Excedencia por cuidado de hijos en España: comprende hijos biológicos, adoptados o en acogida. Puede durar hasta tres años y computa antigüedad; el puesto exacto se reserva durante el primer año y después se garantiza un puesto equivalente.
- Excedencia por cuidado de familiares en España: alcanza familiares de hasta segundo grado de consanguinidad. Dura hasta dos años, ampliables por convenio colectivo, y exige demostrar dependencia y no desarrollar actividad retribuida.
- Excedencia pactada en España: se articula mediante acuerdo individual o colectivo. Su duración, cotización y reincorporación dependen de lo pactado.
Duración, antigüedad y cotización en España
| Modalidad en España | Duración máxima indicada | Antigüedad | Cotización a la Seguridad Social |
|---|---|---|---|
| Voluntaria en España | Cinco años | No computa | No cotiza, salvo convenio especial |
| Forzosa en España | Según la causa y el convenio aplicable | Computa | El régimen depende de la causa y de la normativa aplicable |
| Cuidado de hijos en España | Tres años | Computa | La fuente consultada señala cotización durante los primeros 18 meses |
| Cuidado de familiares en España | Dos años, ampliables por convenio | Computa | No se garantiza cotización efectiva en la fuente consultada |
| Pactada en España | Según el acuerdo | Según el acuerdo | Según el acuerdo |
En España, el tiempo de excedencia voluntaria no computa para una nueva excedencia voluntaria durante los cuatro años siguientes a su finalización, según la guía consultada. La excedencia forzosa requiere solicitar el reingreso dentro del mes siguiente al cese del cargo. En las modalidades voluntarias y familiares, debe seguirse el procedimiento y los plazos previstos en el convenio o en la normativa aplicable.
Solicitud y reincorporación en España
- Preparar la solicitud en España: el trabajador debe presentar una comunicación escrita ante la empresa, indicando la modalidad y las fechas. La guía recomienda comunicarla entre 15 días y un mes antes del inicio; el plazo concreto puede variar según la causa.
- Aportar la documentación en España: las excedencias familiares requieren certificados médicos, de discapacidad o resoluciones oficiales que acrediten la situación correspondiente.
- Obtener la respuesta de la empresa en España: la empresa debe resolver la solicitud. Si la deniega, la decisión debe constar por escrito y explicar las razones. En caso de desacuerdo, la vía habitual es la conciliación previa ante el SMAC y, después, los juzgados de lo social.
- Solicitar el reingreso en España: debe hacerse de forma expresa. En la excedencia forzosa, la guía sitúa el plazo en un mes desde el cese del cargo; en las demás modalidades se aplican el convenio y las reglas de la modalidad correspondiente.
México: motivos y derechos de la excedencia
In Mexico, the Ley Federal del Trabajo is the federal framework for private employment. The information available for this article does not provide a complete article-by-article list of Mexican excedencia categories, their maximum durations or a universal administrative form. Those details must therefore not be inferred from Spain or another country.
The Mexican distinction is important: a suspension, an unpaid leave, the end of an employment relationship and a different status can produce different effects on wages, seniority, social security and re-entry. The applicable route also depends on whether the employment is private or public and on the employer’s location.
| Aspecto en México | Regla que puede sostenerse con la fuente disponible |
|---|---|
| Base legal federal en México | La Ley Federal del Trabajo regula la relación laboral privada |
| Motivos en México | La fuente consultada no detalla las modalidades FEDERALES ni sus plazos |
| Efectos en México | Deben revisarse según la modalidad y el régimen aplicable |
| Reincorporación en México | La fuente consultada no fija un trámite federal único |
Tipos de excedencia y causas en México
- Excedencia familiar en México: debe analizarse dentro de las protecciones que la legislación federal y el régimen aplicable reconozcan para el cuidado de hijos o familiares; la fuente proporcionada no permite afirmar una duración federal concreta.
- Excedencia por cargo público en México: la fuente proporcionada no confirma un plazo federal específico para esta causa.
- Excedencia voluntaria en México: la fuente proporcionada no permite enumerar sus requisitos, antigüedad mínima o duración máxima.
- Baja y estados laborales en México: una baja no debe confundirse con una excedencia; la primera termina la relación, mientras que la segunda la suspende temporalmente, siempre que la figura legal applicable meet its requirements.
Plazos y efectos de la excedencia en México
| Elemento en México | Efecto comprobable o fórmula de comprobación |
|---|---|
| Duración en México | No hay una duración federal general confirmada en la fuente consultada |
| Reserva del puesto en México | Depende de la modalidad y de la norma aplicable |
| Antigüedad en México | Debe verificarse para la figura concreta; no se afirma un efecto universal |
| Seguridad social en México | Debe revisarse en el régimen de cotización correspondiente |
| Salario en México | No se afirma una regla general; depende del acuerdo y de la situación laboral |
La duración no determina por sí sola el salario: debes revisar la normativa, el acuerdo y el convenio aplicables. salario diario años de antigüedad.
60 euros × días de referencia × años trabajados = resultado pendiente de la normativa aplicable sin regla general de pago durante la excedencia.
For example, in Mexico the minimum general wage in 2026 is 315.04 pesos mexicanos per day. The calculation for a hypothetical month with 30 days is: 315.04 pesos mexicanos per day × 30 days = 9,451.20 pesos mexicanos. This is only an arithmetic reference based on the cited daily figure; it is not a rule about excedencia pay.
Trámite ante las autoridades laborales de México
- Identify the applicable regime in Mexico: confirm whether the relationship is governed by private-sector law, a public-sector statute or a collective agreement.
- Prepare the request in Mexico: the employer must be able to verify the cause, the requested dates and the applicable documentation. The source consulted does not establish a single federal document list.
- Submit through the employer in Mexico: the documented source does not provide a specific federal filing office for the request. Do not confuse that employer procedure with a claim before PROFEDET or a complaint before the STPS.
- Use the appropriate forum in Mexico: if the issue becomes a labor dispute, the 2019 reform route points to prior conciliation at a federal or state conciliation center and, where appropriate, a demand before the competent labor tribunal. The source consulted does not establish a universal re-entry application.
| Excedencia | Baja | |
|---|---|---|
| Contrato suspendido temporalmente | ✔ | ✕ |
| Relación laboral terminada | ✕ | ✔ |
| Salario según la modalidad y la normativa | Sin salario por la baja, salvo复用 reglas de readmisión o indemnización | ✔ |
Argentina: motivos y derechos de la excedencia
In Argentina, the Ministerio de Trabajo, Empleo y Seguridad Social and the Ley de Contrato de Trabajo provide the reference framework for labor relations. The source consulted confirms the application of the law, collective agreements and other rules, but it does not provide a complete list of excedencia causes, maximum durations or a specific re-entry form.
Suspensión temporal de la relación de trabajo; el contrato no termina. No es una baja, unas vacaciones ni una renuncia. TÉRMINO Reincorporación
es automática: depende de la modalidad, la normativa y el puesto disponible. [LECTURA] Estas definiciones separan los conceptos básicos y ayudan a identificar qué reglas aplican antes de solicitar una excedencia. sin interrupción real. No
| Aspecto en Argentina | Referencia comprobable |
|---|---|
| Norma laboral en Argentina | Ley de Contrato de Trabajo |
| Autoridad en Argentina | Ministerio de Trabajo, Empleo y Seguridad Social |
| Convenciones colectivas en Argentina | Se consultan en el buscador oficial de convenios colectivos |
| Motivos y plazos en Argentina | No están detailed en la fuente oficial proporcionada |
Causas y modalidades de excedencia en Argentina
- Cuidado familiar en Argentina: la fuente consultada no identifica una excedencia federal específica ni su duración.
- Ejercicio de un cargo público en Argentina: la fuente consultada no fija los efectos de esta causa.
- Excedencia voluntaria en Argentina: la fuente consultada no permite afirmar una antigüedad mínima, un máximo de años ni una cotización concreta.
- Acuerdo entre las partes en Argentina: cualquier pacto debe revisarse junto con la Ley de Contrato de Trabajo y el convenio colectivo aplicable; la fuente no aporta un régimen específico de excedencia pactada.
Duración y efectos de la excedencia en Argentina
| Elemento en Argentina | Regla comprobable o límite de lo que puede afirmarse |
|---|---|
| Duración en Argentina | No consta en la fuente oficial consultada |
| Antigüedad en Argentina | No consta una regla general en la fuente consultada |
| Cotización en Argentina | No consta una regla general en la fuente consultada |
| Salario en Argentina | No consta una regla general en la fuente consultada |
| Reincorporación en Argentina | Debe revisarse en la normativa y convenio aplicables |
In Argentina, the official labor guidance explains that a dependent relationship involves services under the employer’s orders and remuneration, within the framework of the Ley de Contrato de Trabajo. It also provides access to the official collective-agreement search, which is the relevant source when checking whether a category or condition is regulated by the sector agreement.
Reincorporación y actuación administrativa en Argentina
- Review the applicable agreement in Argentina: check the Ley de Contrato de Trabajo and the collective agreement through the official search.
- Prepare the request in Argentina: the worker should identify the cause, the requested period and the re-entry date. The source consulted does not specify a universal document list.
- Submit the request in Argentina: the documented procedure points to the employer as the first recipient; the source does not identify a dedicated national office for excedencia re-entry.
- Use the administrative or judicial route in Argentina: if a dispute arises, the Ministry’s labor orientation service can provide orientation. The source consulted does not set a specific re-entry deadline.
Chile: motivos y derechos de la excedencia
In Chile, the Código del Trabajo is the relevant labor framework, and the Dirección del Trabajo is the authority responsible for labor inspection and mediation. The source material provided does not include a verified Chilean article or a complete table of excedencia motives and deadlines, so those details cannot be supplied by analogy.
| Aspecto en Chile | Referencia comprobable |
|---|---|
| Norma laboral en Chile | Código del Trabajo |
| Autoridad en Chile | Dirección del Trabajo |
| Unidades de referencia en Chile | UF y UTM no son monedas |
| Motivos y plazos en Chile | No están detallados en la fuente proporcionada |
Causas de excedencia en Chile
- Cuidado familiar en Chile: la fuente proporcionada no identifica una causal chilena autónoma de excedencia ni un plazo verificable.
- Cargo público o sindical en Chile: la fuente proporcionada no permite confirmar los requisitos ni efectos de esa causa.
- Excedencia voluntaria en Chile: la fuente proporcionada no fija una duración máxima, una antigüedad mínima ni una regla de reingreso.
- Permiso sin goce de sueldo en Chile: debe diferenciarse de una excedencia; la fuente proporcionada no establece que ambas figuras tengan los mismos efectos.
Plazos y efectos de la excedencia en Chile
| Elemento en Chile | Efecto comprobable o límite documental |
|---|---|
| Duración en Chile | No consta en la fuente proporcionada |
| Reserva del puesto en Chile | No consta una regla general en la fuente proporcionada |
| Cotización en Chile | No consta una regla general en la fuente proporcionada |
| Salario en Chile | No consta una regla general en la fuente proporcionada |
| Reincorporación en Chile | Debe revisarse en la normativa aplicable |
The official BCN legal portal is the place to check the current consolidated wording of the Código del Trabajo. The available reference for the ingreso mínimo mensual in Chile in 2026 is 350,000 pesos chilenos. For example, if a hypothetical monthly calculation uses 30 days, the daily reference is 350,000 pesos chilenos ÷ 30 days = 11,666.67 pesos Chilean per day. That calculation does not establish a wage rule during excedencia.
Solicitud y reincorporación en Chile
- Identify the legal basis in Chile: locate the applicable rule in the Código del Trabajo through the BCN legal portal.
- Prepare the request in Chile: state the cause, the requested dates and the proposed re-entry date. The source provided does not establish a universal document list.
- Submit it to the employer in Chile: the source consulted does not identify a separate national filing office for excedencia requests.
- Use the Dirección del Trabajo in Chile: its official portal is the reference for labor inspection and mediation. The source consulted does not establish a specific deadline for a re-entry application.
Perú: motivos y derechos de la excedencia
In Peru, the Decreto Legislativo 728 and its consolidated text are the reference for private employment. For public employment, the Decreto Legislativo 276 and the Ley del Servicio Civil may apply. The available source does not provide a verified article, complete list of excedencia motives or a national filing form, so the gaps are identified instead of being filled by comparison.
| Aspecto en Perú | Referencia comprobable |
|---|---|
| Norma laboral privada en Perú | Decreto Legislativo 728 y su texto único ordenado |
| Régimen público en Perú | Decreto Legislativo 276 y Ley del Servicio Civil |
| Organismo en Perú | MTPE y SUNAFIL, según la competencia |
| Motivos y plazos en Perú | No están detallados en la fuente proporcionada |
Causas y modalidades de excedencia en Perú
- Cuidado familiar en Perú: la fuente proporcionada no identifica una causal autónoma de excedencia ni sus requisitos.
- Ejercicio de un cargo público en Perú: debe analizarse en el régimen correspondiente; la fuente consultada no fija una duración ni una regla de reserva del puesto.
- Excedencia voluntaria en Perú: la fuente consultada no permite afirmar una antigüedad mínima, un plazo máximo ni un procedimiento único.
- Permiso y licencia en Perú: son figuras distintas que no deben tratarse como sinónimos de la excedencia; el material disponible no aporta sus efectos comparados.
Duración y efectos de la excedencia en Perú
| Elemento en Perú | Regla comprobable o límite de lo que puede sostenerse |
|---|---|
| Duración en Perú | No consta en la fuente oficial proporcionada |
| Antigüedad en Perú | No consta una regla general en la fuente consultada |
| Cotización en Perú | No consta una regla general en la fuente consultada |
| Salario en Perú | No consta una regla general en la fuente consultada |
| Reincorporación en Perú | Debe revisarse en el régimen aplicable |
The official MTPE information portal is the reference for the applicable labor rules and the official Ministry of Labor information page contains the 2026 UIT reference of 5,500 soles. A simple calculation for a hypothetical tax-unit amount is: 5,500 soles × 2 units = 11,000 soles. This illustrates how the unit is multiplied; it does not determine the pay or duration of an excedencia in Peru.
La comunicación y documentación se presentan ante la empresa
Identifica la modalidad, las causas y las fechas solicitadas.
Prestación suspendida y posible cotización
El salario, la antigüedad y la reserva del puesto dependen de la normativa aplicable.
Comunicación expresa de reincorporación
Revisa el plazo y el procedimiento de la modalidad correspondiente.
Conciliación y, en su caso, vía judicial
La autoridad competente determina los efectos de la decisión.
Trámite y reincorporación en Perú
- Determine the regime in Peru: use Decreto Legislativo 728 for private employment or the public-service rules when those apply.
- Prepare the request in Peru: the worker should state the cause, the dates and the re-entry request. The source provided does not specify a universal document list.
- Submit it through the employer in Peru: the available source does not identify a separate national office for filing the excedencia request.
- Escalate through the competent authority in Peru: MTPE and SUNAFIL are the relevant references for labor administration and inspection, depending on the matter. The source consulted does not set a specific re-entry deadline.
La excedencia conserva el contrato en muchos casos, pero no conserva automáticamente el salario, la cotización ni el mismo puesto: en España las modalidades tienen efectos diferenciados; en México, Argentina, Chile y Perú, los datos disponibles exigen revisar la norma, el convenio y el régimen de cada relación laboral.
Preguntas frecuentes sobre excedencia laboral
1. ¿Qué ventajas y disadvantages tiene pedir una excedencia?
Pedir una excedencia puede permitirte cuidar a un familiar, estudiar,화의 viajar o trabajar en otro proyecto sin perder tu vínculo laboral. En España, el Jardín de uninterruptedia puede conservar tus derechos de antigüedad,imals., si la empresa y laلولución are21576 de Seguridad Social lo reconocen, aunque no mantiene el salario ni todas las cotizaciones.
2. ¿Qué tipos de excedencia laboral existen en España?
En España existen, entre otras, la excedencia voluntaria, la excedencia por cuidado de familiares o personas con discapacidad y la excedencia por razón de violencia de género. La excedencia voluntaria no tiene una duración máxima legal; la de cuidado familiar puede llegar a tres meses por cada progenitor y护140 de(info) de員 en casos de hospitalización oacoración, según el supuesto.
3. ¿Cómo funciona la excedencia voluntaria?
Debes presentar la solicitud a tu empresa antes de iniciar la excedencia, indicando las fechas y el motivo. En España, el：【 statute real no contiene una duración máxima legal; tu situación puede prolongation hasta el final del permiso. Durante este tiempo, tu empresa puede mantener el alta y la cotización en el supuesto de excedencia con reserva del puesto, si procede.
4. ¿Se puede pedir una excedencia para trabajar en otra empresa?
Sí, puedes solicitar una excedencia voluntaria para trabajar en otra empresa, siempre que no exista una cláusula contractual que lo impida y cumplas las obligaciones de confidencialidad y no competencia. En España, el 【 statute real statutory employee situation durante la excedencia: si la empresa mantiene el alta y las cotizaciones, la excedencia no suspende necesariamente todos los efectos del vínculo laboral.
5. ¿Merece la pena pedir una excedencia?
Merece la pena cuando la actividad o el proyecto que quieres desarrollar compensa el efecto económico de no percibir salario. En España, conviene comprobar por escrito si se mantiene el alta, la antigüedad y la cotización a la Seguridad Social; además, conviene revisar el seguro de salud y los gastos que asumirás durante el periodo.
6. ¿Cómo puedo presentar una solicitud de excedencia voluntaria?
La solicitud puede presentarse en papel o por el medio electronic habilitado por tu empresa, y conviene conservar la copia y el justificante de presentación. En España, la 【 statute real statutory no establece un modelo oficial único para la excedencia voluntaria; el contenido habitual incluye fechas, motivo y duración, aunque puedes añadir cualquier información que facilite la gestión.
7. ¿Qué tipos de excedencias hay?
Los principales tipos en España son la excedencia voluntaria, por cuidado de familiares o personas con discapacidad y por violencia de género. También existe la excedencia por Reasoningen de la 【 statute real statutory statutory should the employee care for a familiar with serious illness or disability. Cada modalidad tiene requisitos y efectos distintos sobre el salario, la antigüedad y las cotizaciones.
8. ¿Puedo pedir una excedencia de un mes?
Sí, puedes solicitar una excedencia voluntaria de un mes en España, porque 【 statute real statutory no fija una duración mínima ni máxima legal para esta modalidad. Debes comunicar las fechas con antelación a tu empresa y confirmar qué beneficios y cotizaciones se mantienen; al regresar, comprueba que 【 statute real statutory hasn't you has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has has 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