Sabbatical and seniority leave: manage the absences of your employees

A sabbatical is an important opportunity for your employees to pursue a personal or professional project. Discover the seniority requirements, absence management procedures, and criteria to ensure optimal sabbatical management within your company.

What are the conditions for a sabbatical leave based on seniority?

Sabbatical leave is a right granted to employees, but subject to certain seniority requirements. According to the Labor Code, an employee must have a minimum of 36 months of service with the company before being able to request sabbatical leave. This seniority is calculated based on the entire period of employment with the company, without it necessarily having to be continuous. This means that periods of employment that are not continuous can be taken into account to demonstrate the required seniority.

Furthermore, to be eligible for a sabbatical, the employee must have been employed for at least six years, including in other companies. Finally, they must observe a waiting period if, during this six-year period, they have already taken leave for:

• a professional transition project (PTP) lasting at least 6 months
• a leave of absence for starting or taking over a business
• a previous sabbatical

How to manage sabbatical leave for your employees?

Good management involves planning, taking into account employee requests and respecting the criteria defined in the collective agreement or the employment contract of each employee.

What are the effects on the contract during a sabbatical leave?

A sabbatical leave results in a suspension of the employment contract, and the employee remains part of the company's workforce. They continue to receive social security coverage but do not accrue seniority or paid leave. Upon their return, the employer is obligated to reinstate them or offer them a similar position with the same salary. The employer must also conduct a professional development review to discuss career prospects.

It should be noted that an employee on leave may engage in other professional activity, whether salaried or not. However, they must comply with non-compete clauses with respect to their employer.

Is a sabbatical leave renewable?

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

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

What income is available during a sabbatical?

Generally, a sabbatical is unpaid unless a specific clause in the collective agreement or employment contract provides for remuneration during this period. Some employers agree to pay a portion of the salary, but this is not a legal obligation. If the employee wishes to receive income, they should discuss this with their employer before submitting their request.

What is the difference between unpaid leave and sabbatical leave?

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

• Sabbatical leave is governed by the Labor Code and requires a minimum of 36 months' seniority within the company. Unpaid leave is more flexible and can be granted without any seniority requirement.
• The end of a sabbatical allows the employee to return to a similar position within the company. Unpaid leave does not guarantee this reinstatement.
• A sabbatical can last up to 11 months. Unpaid leave is generally shorter and can vary depending on the employer's needs.

In summary, sabbatical leave is a more regulated and protected right, while unpaid leave is a more flexible approach, but with fewer guarantees for the employee.

What response time should be given to employees in the event of a sabbatical?

When an employee wishes to request a sabbatical, they must inform their employer at least three months before the intended departure. The request can be submitted via email with read receipt, fax, registered letter with return receipt requested, or hand-delivered with a signed receipt. 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 receiving the request. Their response must take into account the feasibility of the request in light of the company's needs. If no response is received within this timeframe, the request is deemed accepted, unless otherwise stipulated in the employment contract or collective bargaining agreement.

Can a sabbatical be postponed or refused?

The postponement

In the absence of a collective agreement, an employer may decide to postpone the start of a sabbatical leave for up to six months from the date of the request. This limit is extended to nine months for companies with fewer than 300 employees. The employer may cite two reasons to justify this refusal:

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

If a postponement is decided, the employer must inform the employee of the new departure date chosen, by any means which allows the date of the response to be justified.

The refusal

The employer may refuse to grant a sabbatical in certain cases, but must justify their refusal.

• If the employee does not meet the minimum seniority requirements, or if the request to leave on sabbatical leave is made within too short a period compared to the legal requirements.
• The employer may consider, after consultation with the social and economic committee (CSE), that the employee's absence will have detrimental consequences for the proper functioning of the company.

The employer's refusal must be notified to the employee by any means that provides proof of the date of the response, such as registered mail, hand delivery against signature, or delivery by a bailiff. This notification must occur within a reasonable timeframe after the employee's request.

If the employee believes that the refusal is unjustified, he has 15 days from the date of notification to challenge the decision before the labor court.

FAQ - Frequent questions

How do I end a sabbatical?

The employee may end their 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.

The leave can also end if the employment contract is terminated. This includes if the employee is dismissed for economic or personal reasons (for example, if misconduct is discovered after their leave), if they resign, or if they benefit from a negotiated termination agreement. It can also end in the event of termination due to force majeure.

Can you sign a permanent employment contract during a sabbatical?

Yes, an employee on sabbatical leave can sign a permanent employment contract (CDI) with another employer. However, they must respect the terms of their sabbatical leave and any non-compete or non-solicitation clauses stipulated in their original 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 leave can 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 the employee and the employer. It can range from a few days to several months, depending on the needs and negotiated conditions.

Can an employer refuse unpaid leave?

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