How can an employee benefit from unpaid leave?

Verified 20 October 2023 - Directorate for Legal and Administrative Information (Prime Minister)

An employee may be granted leave for personal reasons, but subject to conditions. That leave is said unpaid. We present you with the information you need to know.

The employee may take leave for personal reasons (for example, to care for children or to travel) or for work reasons (for example, to set up a company).

This leave is called leave unpaid.

Please note

Unpaid leave must be differentiated from sabbatical leave.

Unpaid leave is not provided for in legislation.

The employee must ask his employer to be able to benefit from this leave.

There is no formality for requesting leave without pay. The Labor Code does not specify a template for sending requests for unpaid leave. However, it is best to write a written request for the attention of the employer. The written form will serve as evidence in case of dispute (letter withRARRAR : Recommended with notification of receipt or mail, for example).

The application may include all of the following conditions:

  • Estimated start and end dates of unpaid leave
  • Possibility of renewing the initial leave without pay
  • Conditions for returning to the company at the end of unpaid leave

There is no advance notice period between the date of application to the employer for unpaid leave and the actual date of departure on leave.

The employee is not obliged to inform the employer of the reason for the request for unpaid leave.

Please note

There is no regulated minimum or maximum duration of unpaid leave. The employee agrees with the employer on the duration of the leave if the leave has been accepted.

Yes, the employer is not obliged to grant leave without pay.

The employer does not have to justify the reason for his refusal.

However, if the collective agreement or a collective company agreement provides for leave without pay, and the employer must comply with those provisions.

In the absence of treaty provisions, the agreement of the employer shall be necessary.

Reminder

The employee must obtain the agreement of his employer to take leave in pay. In the event of an unjustified absence, the employee may be dismissed for gross negligence.

No, leave without pay is not paid.

The employee does not receive any salary during the entire period of unpaid leave.

The employment contract is suspended during unpaid leave.

The employee is free to devote his unpaid leave time to the activities of his choice (personal or professional activities, possibly for another employer, except non-compete clause).

Please note

In the event of sickness during unpaid leave, the employee may not receive anyIJJ Social Security. In the event of difficulties in obtaining medical care, the employee may request to be accompanied by the social service of the CPAMCPAM : Primary health insurance fund (or the MSAMSA : Agricultural social mutual society if it is dependent on the agricultural system).

Reminder

During unpaid leave, the employee is not paid by his employer. However, leave without pay may be paid under the Time Savings Account (TSA), subject to conditions.

At the end of the unpaid leave, the employee returns to his previous job (or a similar job with at least equal pay).

During unpaid leave, the employee cannot be dismissed.

However, the employer may terminate the contract in the event of gross negligence or the inability to maintain the contract for any reason other than the departure on unpaid leave.

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