Sabbatical leave and seniority: manage your employees' absences efficiently

Sabbatical leave is an important opportunity for your employees to carry out a personal or professional project. Find out more about seniority requirements, absence management and the criteria to be respected for optimum management of sabbatical leave in your company.

What are the conditions for sabbatical leave, depending on seniority?

Sabbatical leave is a right granted to employees, but subject to certain seniority conditions. According to the French Labor Code, an employee must have been with the company for at least 36 months before applying for sabbatical leave. This seniority is calculated on the basis of the employee's entire period of employment with the company, which need not be continuous. This means that split periods of work can be taken into account to justify the required seniority.

In addition, to benefit from sabbatical leave, the employee must have worked for at least 6 years, including in other companies. Finally, a waiting period must be observed if, during this 6-year period, the employee has already taken leave for :

• a professional transition project (PTP) lasting at least 6 months
• leave to set up or take over a business
• a previous sabbatical

How do you manage sabbaticals?

Good management means planning ahead, taking account of employees' requests and complying with the criteria defined in the collective agreement or employment contract for each employee.

What are the effects on the contract during sabbatical leave?

Sabbatical leave entails suspension of the employment contract, and the employee remains part of the company's workforce. He/she continues to benefit from social security coverage, but acquires neither seniority nor vacation entitlement. On his return, the employer is obliged to reinstate him or offer him a similar job with the same remuneration. The employee is also required to attend a professional interview to review career prospects.

It should be noted that employees on leave may engage in another professional activity, whether salaried or not. However, they must comply with non-competition clauses vis-à-vis their employer.

Is sabbatical leave renewable?

The duration of sabbatical leave is set by collective agreement at company level or, failing that, by branch agreement. In other cases, the minimum duration is 6 months and the maximum is 11 months.

Renewal is not automatic. If an employee wishes to extend his or her sabbatical, a specific agreement must be reached between the employee and the employer. This is usually stipulated in the application for sabbatical leave or in an amendment to the employment contract. The extension agreement may be limited by criteria linked to the need to maintain a certain number of employees in the company.

How much income can I earn on sabbatical leave?

In general, sabbatical leave is unpaid, unless a specific clause in the collective bargaining agreement or employment contract provides for remuneration during this period. Some employers agree to pay part of the salary, but this is not a legal obligation. If the employee wishes to benefit from an income, he or she must discuss this with his or her employer before submitting the request.

What's the difference between unpaid leave and sabbatical leave?

Although they may seem similar, these two periods differ in several respects:

• Sabbatical leave is governed by the French Labor Code and requires a minimum of 36 months' service with the company. Unpaid leave, on the other hand, is more flexible and can be granted without any seniority requirement.
• The end of sabbatical leave enables the employee to find a similar job within the company. Unpaid leave does not guarantee reinstatement.
• Sabbatical leave can last up to 11 months. Unpaid leave is generally shorter and can vary according to the employer's needs.

In short, a sabbatical is a more closely supervised and protected right, while an unpaid sabbatical is more flexible, but with fewer guarantees for the employee.

How much notice should be given to employees in the event of sabbatical leave?

Employees wishing to apply for sabbatical leave must inform their employer at least 3 months before the planned departure date. The request can be made by e-mail with acknowledgement of receipt, by fax, by registered letter with acknowledgement of receipt, by hand-delivered letter with receipt, etc. The employee must specify the desired departure date and the number of days of leave.

The employer must respond within a reasonable timeframe, generally within 30 days of receipt of the request. The employer's response must take into account the feasibility of the request in terms of the company's needs. In the absence of a response within this timeframe, the request is deemed to have been accepted, unless otherwise stipulated in the employment contract or collective agreement.

Can sabbatical leave be postponed or refused?

Postponement

In the absence of a collective agreement, an employer may decide to postpone the start of sabbatical leave for 6 months from the date of application. This limit is raised to 9 months for companies with fewer than 300 employees. There are two reasons why an employer may refuse a request for sabbatical leave:

• To limit the number of employees absent on sabbatical leave: see article D. 3142-20 of the French Labor Code.
• To limit the number of employees simultaneously absent on sabbatical leave and leave to set up or take over a business: see article D. 3142-75 of the French Labor Code.

If a postponement is decided, the employer must inform the employee of the new departure date, by any means that can be used to justify the date of the reply.

Refusal

Employers may refuse to grant sabbatical leave in certain cases, but they must justify their refusal.

• If the employee does not meet the minimum seniority requirements, or if the request for sabbatical leave is made too soon in relation to the legal requirements.
• The employer may consider, after consulting the social and economic committee (CSE), that the employee's absence will have a detrimental effect on the smooth running of the company.

The employer's refusal must be notified to the employee by any means capable of proving the date of the reply, such as by registered post, hand-delivery against signature, or by a court commissioner. This notification must be made within a reasonable time of the employee's request.

If the employee considers the refusal to be unjustified, he has 15 days from the date of notification to contest the decision before the industrial tribunal.

FAQ - Frequently asked questions

How do I end a sabbatical?

The employee may terminate his sabbatical leave before the planned date by informing the employer in writing, giving reasonable notice. The terms and conditions of this interruption must be specified in the applicable collective agreement.

Leave can also be terminated in the event of breach of the employment contract. If the employee is dismissed for economic or personal reasons (in the event of misconduct discovered after he or she has taken leave, for example), if he or she resigns, or if he or she benefits from a collective bargaining agreement. Or in the event of termination due to force majeure.

Can I sign a permanent contract while on sabbatical leave?

Yes, an employee on sabbatical leave can sign a permanent contract with another employer. However, they must respect the conditions of their sabbatical leave and any non-competition or non-solicitation clauses included in their initial employment contract.

What are the disadvantages of taking a sabbatical year?

Potential disadvantages include:

• Loss of income: Sabbatical leave is generally unpaid, which can affect the employee's financial situation.
• Impact on retirement: The absence of contributions during the leave may affect the amount of future retirement pensions.
• Risk of disconnection: A long absence can lead to a loss of connection with the company and its developments.

What is the maximum duration of unpaid leave?

The duration of unpaid leave is not fixed by law, and depends entirely on the agreement between employee and employer. It can range from a few days to several months, depending on needs and negotiated conditions.

Can an employer refuse unpaid leave?

Yes, the employer can refuse unpaid leave for reasons related to business needs. For example, if he considers that a prolonged absence would be detrimental to the smooth running of the company, or that it is impossible to temporarily replace the employee. Refusal must be justified and communicated to the employee in writing. However, unlike sabbatical leave, refusal of unpaid leave is not subject to strict legal rules and is often based on an informal agreement between the two parties.