Are your five weeks of annual vacation not enough to fulfill your travel, home-building, volunteer or life-changing plans?
If you are thinking more and more about taking a long break from your work in order to devote yourself fully to your personal projects, be aware that the legislation has provided for measures in this direction for the benefit of employees.
Rather than quitting your job, you can opt for sabbatical or unpaid leave.
A reassuring but financially more delicate solution.
The suspended contract
These two arrangements correspond to what is known as leave for personal convenience. The employer is free to grant or not this free time to the employee who requests it, subject to respecting certain conditions. If he consents, the employment contract will then be suspended for the duration of the sabbatical or unpaid leave. This clarification is important since it has several repercussions. First of all, it means that you can occupy that amount of time as you wish, whether it is in a personal or professional capacity. It is indeed quite possible to work for another company or why not start your own company. The only limit is to respect the loyalty and non-competition clauses vis-à-vis your first boss.
However, it is better to mature your project since during this period, you will have to do without remuneration.
You must therefore ensure that you have the necessary finances to meet your needs, especially as an early return will require obtaining a new agreement from the employer.
Finally, if the law ensures you to return to your company at the end of the agreed leave, it does not guarantee you to recover your post ... It can also be a "similar job" in the company, with equivalent remuneration. what you touched before.
The law authorizes employees to postpone their 5th week of paid leave each year, for a maximum of 6 years, in order to take them during their sabbatical leave and therefore to finance part of it.
Two distinct devices
Despite the same consequences, sabbatical leave should not be confused with unpaid leave, since only the former is regulated by law. Thus, only employees with at least 3 years of seniority in the company and 6 years of professional experience in total can claim sabbatical leave. In addition, the law imposes a minimum period of break of 6 months and a maximum of 11 months, knowing that workers must respect a waiting period of 6 years between two leaves of this type. You must make your request in writing to your boss at least 3 months before the planned departure date, knowing that the latter has 30 days to make a decision. He can then give his agreement, postpone the departure to limit the number of employees absent simultaneously or, if the company has less than 300 employees, refuse the leave if he considers,after consulting the Social and Economic Committee, that it will have prejudicial consequences for the smooth running of the company. A refusal is nevertheless always susceptible to a challenge before the industrial tribunal.
Conversely, unpaid leave is not provided for by law.
Its duration is therefore to be negotiated with your employer, which can allow you more flexibility (a few days, weeks or months, anything is possible).
If he is not inclined to grant it to you, you will not be able to do anything about it.
Note, however, that in both cases, a collective agreement may provide for more favorable terms.
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