Apply for a private sabbatical
It is possible to ask :
Sabbatical leave may be obtained under some terms :
- have six years of professional experience;
- have 36 months of seniority in the company where the leave request is made, whether these 36 months are consecutive or not;
- not have benefited from another sabbatical leave in the last 6 years, whether it is an individual training leave or a leave for business creation.
A deal with the employee makes it possible to set the duration of this leave: from 6 months minimum to 11 months maximum.
Once the leave has been obtained, the employment contract is suspended. This leave is unpaid. However, during the six years preceding this type of leave, it is possible to capitalize the fifth week of paid leave in order to receive an indemnity corresponding to the number of days that will have been capitalized when leaving the company.
To make your request, it is necessary :
- to send a registered letter with acknowledgment of receipt to his employer specifying the date of departure and the duration of leave desired. This request must be made three months before the date of leave;
- it is also possible to submit this request by hand, provided you request a receipt.
The answer of the employer is also done by registered mail or delivered by hand with receipt. If the latter has not responded within 30 days, the absence of a response implies acceptance of the request. The employer may refuse this leave uniquely if it does not meet the application conditions, if its duration is less than 6 months or more than 11 months. If the company has fewer than 200 employees, service requirements may be grounds for refusal.
In case of refusal, the employee has 15 days to challenge this response to the prud’hommes.
Note that unpaid leave is not provided for by law and must be taken as part of a contract signed with the employer. The job occupied is then found on his return from leave, because the post is always counted in the workforce. If the employee does not wish to return to the company, he must inform his employer.
Applying for a Public Service Sabbatical
The request for a sabbatical leave in the public service is possible by making a request for leave. It is intended only for tenured civil servants. These requests are granted by right, except if service requirements do not allow the departure of the agent. In addition, the community may require a notice period of 3 months maximum in order to grant this layoff.
A staff member who is on leave does not benefit during this period from the rights related to advancement and retirement. He is not paid.
The leave of absence will be granted for the following reasons and durations:
- For availability of 3 years maximum renewable :
- raising a child under the age of 8;
- caring for a child, spouse or family member with a serious illness or disability requiring the assistance of a person;
- follow his spouse when he is transferred;
- in the hospital public service, in the event of the abolition of his job without reclassification, in order to seek a new job.
2. For a layoff of 6 weeks maximum :
- for the adoption of a child abroad.
The layoff subject to service requirements may be granted for the following reasons and durations:
- for personal convenience : the duration of the leave is then 3 years maximum renewable within the limit of 10 years over the whole of the career;
- in order to perform studies or research of general interest: the leave can only last a maximum of 3 years, renewable once;
- for create Where to resume a businessit is possible to have a maximum of 2 years of non-renewable availability;
- exercise an activity in an international organization if the agent belongs to the hospital public service. The leave is then for a maximum of 3 years, renewable once.
All requests for availability should be directed to the employer by registered mail with acknowledgment of receipt. A lack of response within two months of the date of the request implies acceptance.
Our tips:
- In the civil service, the administration can carry out inquiries in order to ensure that the reason linked to the request for availability is indeed valid.