Sabbatical and seniority leave: manage the absences of your employees

Sabbatical leave is an important opportunity for your employees to carry out a personal or professional project. Discover the seniority conditions, the management of absences and the criteria to be met for optimal management of the sabbatical leave in your business.

What are the conditions for sabbatical leave according to seniority?

Sabbatical leave is a right granted to employees, but under certain seniority conditions. According to the Labor Code, an employee must justify a minimum seniority of 36 months in the company before being able to request sabbatical leave. This seniority is calculated on the entire period of work in the company, without necessarily continuous. This means that fractional work periods can be taken into account to justify the necessary seniority.

In addition, to benefit from sabbatical leave, the employee must have carried out a professional activity for at least 6 years, including in other companies. Finally, he must comply with a deficiency period if, during this 6 -year period, already benefited from a leave for:

• a professional transition project (PTP) lasting at least 6 months
• a leave for business creation or recovery
• A previous sabbatical leave

How to manage the sabbatical leave of his collaborators?

Good management goes through planning, taking into account employee requests and compliance with the criteria defined in the collective agreement or the employment contract of each employee.

What are the effects on the contract during sabbatical leave?

Sabbatical leave leads to a suspension of the employment contract and the employee remains integrated into the workforce of the company. It continues to benefit from social security coverage but does not acquire neither seniority nor right to paid leave. On his return, the employer is required to reintegrate him or offer him a similar job, with the same remuneration. He must also conduct a professional interview in order to take stock of the development prospects.

Note that the employee on leave can exercise another professional activity, employed or not. However, he must respect non-competition clauses vis-à-vis his employer.

Is the sabbatical leave renewable?

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

The renewal is not automatic. If an employee wishes to extend it, this must be subject to a specific agreement between the employee and the employer. This is generally stipulated in the request for sabbatical leave or an amendment to the employment contract. The extension agreement can be limited by criteria related to the need to maintain a certain number of employees in the company.

What income for sabbatical leave?

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

What is the difference between a leave without pay and sabbatical leave?

If they may seem similar, these two periods differ on several points:

• Sabbatical leave is supervised by the Labor Code and requires a minimum seniority of 36 months in the company. Leave without balance is more flexible and can be granted without seniority.
• The end of the sabbatical leave allows the employee to find a similar job in the company. Without balance does not guarantee this reinstatement.
• Sabbatical leave can last up to 11 months. The leave without balance is generally shorter and can vary according to the needs of the employer.

In summary, the sabbatical is a more supervised and protected right, while the without balance is a more flexible approach, but with fewer guarantees for the employee.

What response time to provide employees in the event of sabbatical leave?

When an employee wishes to apply for sabbatical leave, he must inform his employer at least 3 months before the planned departure. The presentation of the request is made in the form of an email with acknowledgment of receipt or reading, fax, registered letter with request for acknowledgment of receipt, letter delivered by hand against receipt ... The employee must specify the desired departure date and the number of days off.

The employer must respond within a reasonable time, generally within 30 days after receipt of the request. His answer must take into account the feasibility according to the needs of the company. In the absence of a response within this period, the request is deemed to be accepted, unless otherwise provided in the employment contract or the collective agreement.

Can we postpone or refuse sabbatical leave?

Postponement

In the absence of a collective agreement, an employer may decide to postpone the departure on sabbatical leave of 6 months from the date of the request. This limit is brought to 9 months for companies with less than 300 employees. Two reasons can be invoked by the employer to justify this refusal:

• To limit the number of employees absent due to sabbatical leave: see article D. 3142-20 of the Labor Code.
• To limit the number of employees absent simultaneously due to sabbatical leave and leave for business creation or resumption: see article D. 3142-75 of the Labor Code.

If a postponement is decided, the employer must inform the employee of the new departure date chosen, and this by any means making it possible to justify the date of the response.

The refusal

The employer may refuse to grant sabbatical leave in some cases, but he must justify his refusal.

• If the employee does not fulfill the minimum seniority conditions, or if the starting request on sabbatical leave is made within too short compared to the legal requirements.
• The employer can estimate, after opinion of the Social and Economic Committee (CSE), that the absence of the employee will have consequences prejudicial to the smooth running of the company.

The employer's refusal must be notified to the employee by any means making it possible to justify the date of the response, as by registered mail, handed over by signature, or by way of a justice commissioner. This notification must take place within a reasonable time after the employee's request.

If the employee considers that the refusal is unjustified, he has a period of 15 days from the notification to contest the decision with the industrial tribunal.

FAQ - Frequent questions

How to end a sabbatical leave?

The employee can put an end to his sabbatical leave before the scheduled date by informing the employer in writing, respecting a reasonable notice period. The terms of this interruption must be specified in the applicable collective agreement or agreement.

The leave can also end in the event of the termination of the employment contract. If the employee is dismissed for economic or personal reasons (in the event of a fault discovered after his departure on leave for example), if he resigns, or if he benefits from a contractual termination. Or in case of rupture for cases of force majeure.

Can we sign a CDI during a sabbatical leave?

Yes, an employee on sabbatical leave can sign an indefinite contract (CDI) with another employer. However, he must respect the conditions of his sabbatical leave and any non-competition or non-solicitation clauses provided for in his initial employment contract.

What are the disadvantages of taking a sabbatical year?

The potential drawbacks 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 leave can affect the amount of future retirement pensions.
• Risk of disconnection: a long absence can lead to loss of link with the company and its developments.

What is the maximum duration of a balanced leave?

The duration of the leave without balance is not fixed by law and depends entirely on the agreement between the employee and the employer. It can be from a few days to several months, depending on the needs and negotiated conditions.

Can the employer refuse leave without pay?

Yes, the employer can refuse leave without pay for reasons related to the needs of the company. For example, if he believes that an prolonged absence would harm the business of the company or that it is impossible to temporarily replace the employee. The refusal must be justified and communicated in writing to the employee. However, unlike the sabbatical leave, the refusal of a leave without balance is not subject to strict legal rules and is often based on an informal agreement between the two parties.