Who hasn't thought one day of leaving everything behind to travel around the world? Quitting your job is often the biggest obstacle to realizing such a dream. However, the sabbatical leave, which is a right for employees, can allow you to take time for personal convenience, and in particular to be able to travel. All about sabbatical leave.
Sabbatical leave is the suspension of one's employment contract for a specified period in order to carry out a personal project.
The duration of the sabbatical leave may be determined by a convention, a collective or company branch agreement. In the absence of such agreements, the sabbatical leave can last a minimum of 6 months and a maximum of 11 months. A duration that makes it easy to travel far, especially if his personal project is to use this leave to travel the world.
Specific company agreements may determine different durations of sabbatical leave.
During his sabbatical leave, an employee's employment contract is not terminated, but suspended. He does not work, he is not paid (in the majority of cases, except for contractual provisions specific to a sector of activity), but he continues to benefit from certain rights relating to his status as an employee. In particular, he can receive benefits in the event of illness or maternity, for example.
On the other hand, an employee has the option of deferring part of his paid leave to the years preceding his sabbatical so that he can take it, or be paid for it, when he leaves.
At the end of the sabbatical leave, which cannot be anticipated unless the agreement of his employer is obtained, the employee returns to his job, or a similar one in the company, with the same remuneration.
All private sector employees are entitled to a sabbatical leave from the moment they meet a set of conditions. They must first justify on the date of departure on leave of seniority, consecutive or not, of at least 36 months in their company. However, certain company agreements may set different seniority conditions. Then, the employee must attest to 6 years of professional activity in the private sector. Finally, an employee who requests to benefit from a sabbatical leave must not have already taken one in the 6 years preceding his request, just like not having benefited from a professional transition project (leave to qualify via training ) for a period of at least 6 months, as well as a business start-up leave.
Public service employees also have a similar leave, called leave for personal reasons, the conditions of which are similar to those of sabbatical leave in the private sector. It is aimed at public employees on permanent contracts.
An employee who wishes to take a sabbatical to travel or to carry out another personal project must inform his employer by any means (registered letter or email also recommended) at least 3 months before the planned departure date. His request must specify the planned departure date and the duration of the sabbatical leave desired.
The employer has 30 days to respond. In the absence of a response at the end of this period, the sabbatical leave is considered granted.
An employer is not required to accept the request for a sabbatical leave from one of its employees. He can refuse it or demand the postponement of the departure date.
In companies with less than 300 employees, an employer may postpone the date of departure on sabbatical leave within a maximum period of 9 months from the request of his employee if he considers that too many sabbatical leaves, or other types of absences (in particular leave for setting up or taking over a business) are taken at the same time in the company. In companies with more than 300 employees, the deferral period is set at a maximum of 6 months.
An employer can refuse a sabbatical leave to one of his employees if the latter does not meet the conditions to claim it, but also if he considers that this departure on leave will have detrimental consequences for the smooth running of the company. In this case, he must first consult the social and economic committee (CSE).
The employee can challenge the decision of his employer within 15 days with the industrial tribunal.
