Who can apply for business start-up leave?
In order to be able to make a request for leave to set up a business, the employee must provide proof of two years seniority (consecutive or not) in the company that employs him. If the employee has changed company, but has remained in the same group, the work periods are added together. The civil servant can ask his administration for a layoff by invoking the reason for creating a business.
How do I apply for business start-up leave?
Employees in the private sector must inform their employer of their decision to request leave at least 2 months before the desired start date of the leave. The request must be made in writing with acknowledgment of receipt, or by hand against receipt. The letter must indicate the Effective date leave and its end date. The total duration of the leave cannot exceed 1 year. It is possible to request a one-year extension of the leave, respecting the same formalities as for the initial request. The employer has 30 days to answer. He can either grant the leave (or part-time if the employee has chosen this option), or postpone it, or refuse it. In this case, he must demonstrate that the employee’s absence will have “harmful consequences” on the smooth running of the company. The employee has 15 days to contest the decision. The employee of the public service must send a letter to his supervisory authority specifying the reasons for his request and attaching the supporting documents in support of his request. The administration must respond within two months. His refusal can only be justified by the requirements of the service.
What happens after the leave?
During the period of leave, the employment contract is suspended. Three months before the end of the leave, the employee must send a registered mail with acknowledgment of receipt to his employer in which he decides:
- either reinstate his job (or to find a full-time job). His remuneration will then be at least equal to that which he received before his departure;
- either to resign. The letter serves as notice.
Two years after obtaining his release, the official is required either to return to his position or to resign from the public service. He may also request an extension of his leave for the same period.
Professionals at your service:
- Works councils
- town halls
- Lawyers
- industrial tribunals