Who can get a sabbatical?
Any employee proving seniority in the company or in a company of the same group of at least 36 months, consecutive or not, as well as 6 years of professional activity can obtain a sabbatical leave?
However, the employee must not have benefited, during the previous 6 years in the company, from a sabbatical leave, a leave for the creation of a company or an individual training leave (CIF) of a duration equal to or greater than 6 months.
What are the benefits of a sabbatical leave?
The employee can do what he pleases during this period, including exercising a professional activity, but he is under an obligation towards his employer loyalty and non-competition.
At the end of the leave, the employee returns to his previous job or a similar job with at least equivalent remuneration. Please note that the employee cannot demand that his employer be reinstated in the company before the expiry of his leave.
What should be done ?
Inform your employer by registered letter with acknowledgment of receipt at least 3 months in advance, specifying the date and duration of the planned leave.
It is not mandatory to specify the intended use of the leave.
The employer must give his answer by registered letter with acknowledgment of receipt within 30 days of receipt of the request (or by letter delivered by hand against discharge). If the employer does not respond within this period, the employee can assume that the authorization has been granted to him.
The employer cannot refuse an employee who meets the conditions the benefit of a sabbatical leave in companies with at least 200 employees. On the other hand, he can oppose the departure of the employee in companies with less than 200 employees, if he considers this to be detrimental to production and the smooth running of the company.
the refusal must be reasoned, notified by registered letter with acknowledgment of receipt (or delivered against discharge) and requires the opinion of the staff representatives. An appeal may be lodged against the decision of refusal before the industrial tribunal within 15 days of its notification.
The leave can be deferred in all companies, to limit the number of simultaneous absences for business start-up leave and sabbatical leave, under certain conditions, varying according to the number of employees.
Companies with less than 200 employees
The employer can defer without reason and within the limit of 9 months the departure on leave. The leave may also be deferred, without indication of a time limit, so that the number of days of absence provided for in respect of leave for setting up a business does not exceed 2% of the total number of days worked in the company during the 12 month preceding the departure on leave.
This rate is reduced to 1.5% in the case of sabbatical leave alone.
Companies with more than 200 employees
The employer can defer without reason and within the limit of 6 months the departure on leave. The leave may also be deferred, without indication of a time limit, if the simultaneous absences, under sabbatical leave and leave for setting up a business, exceed 2% of the company’s total workforce.
This rate is reduced to 1.5% when there are employees absent only for sabbatical leave in the company in question.
C. work. : Art. L.3142-81 to L. 3142-104 and D. 3142-47 to D. 3142-53
Our tips:
An employee planning to go on sabbatical leave may accumulate for a maximum of 6 years the days of leave due to him beyond 24 working days in order to receive from the company, at the time of his departure on leave, a compensatory indemnity for the days of paid leave which he did not benefit from. He can also benefit from a time savings account (CET), if it is set up in the company in question.