Who can get it?
Any employee with at least 1 year seniority in the business.
What are the advantages ?
It’s a holiday without pay (but it can be maintained by the host establishment or in application of contractual provisions), for a period ofone year maximum in the event of full-time activity (8 hours per week or 40 hours per month when carried out part-time), granted to an employee so that he can:
- provide, full-time or part-time, a vocational education in a public or private institution;
- or engage in a research and innovation activity in a public research institution, a public or private company.
What should be done ?
The employee must submit his request to the employer by registered letter with acknowledgment of receipt:
- 60 days in advance if the course lasts less than 6 months or if it is part-time;
- 120 days in advance if the teaching period is equal to or greater than 6 months.
The employer must make his response known within 30 days of receiving the employee’s request.
The request must include several details:
- the start date of the teaching, research and innovation activity;
- the designation and duration of the activity;
- the name of the responsible body.
Research or innovation leave may be postponed for 9 months if, after consultation with the works council or staff representatives, the leave can jeopardize research policy and technological development of the company. On the other hand, the leave requested to provide teaching cannot be deferred by the employer.
At the end of each month and when returning to work, the employee benefiting from the leave must give the employer a certificate of effective teaching.
Note: in the event of part-time leave, leave of absence is given for 1 year. If the leave is extended beyond that, the authorization must be the subject of a request for renewal.
The employee can then request a new teaching, research or innovation leave. But he must respect between 2 leaves a period equal to the 12th of the duration in hours of the leave previously followed. However, this period cannot be less than 6 months or more than 6 years. For example, for a full-time teaching leave of 1,200 hours, the delay before being able to take another leave is 100 months (1,200/12 = 100), or 8 years and 4 months. The employee will therefore not be obliged to wait all this time and may request a new leave after 6 years.
C. work. : L6322-53 to L6322-58, R6322-64 to R6322-69
Content updated on 06/25/2012