If you have exhausted your quota of paid leave or you do not meet the conditions to use it, you can always request unpaid leave. This is, by definition, a period of absence without pay. This must of course be subject to an agreement, but what are its duration conditions?
Leave without pay: what are the terms and conditions to be respected according to the law?
The law does not provide for unpaid leave. To obtain it, you will therefore have to rely on your company’s collective agreement or the terms and conditions imposed by your employer if these exist. Each company can impose its own conditions. Also note that you must obtain the agreement of your employer before you leave.
You cannot put it in front of the accomplished fact, under penalty of risking a sanction for abandonment of post. Conversely, your company cannot impose unpaid leave on you. To avoid any dispute, it is recommended to establish a written agreement mentioning the conditions of departure, duration of absence and return to the company.
How long can unpaid leave last?
Since it is not governed by the labor code, unpaid leave has no legal maximum duration. It can last as long as provided for in the collective agreement or the agreement obtained with your employer. If you wish to end your leave earlier than planned, you can request an early return to your company. But again, your employer is not required to accept it. If you prefer to be absent within a framework provided for by the labor code, you can opt for sabbatical leave, the duration of which can vary from six to eleven months. You will not receive a salary during this period, but you will still be part of the company and you will retain your social security coverage.
Read also :
⋙ Soon paid sabbaticals? Are companies doing the test?
⋙ I want to take solidarity leave: instructions
⋙ Parental leave for education: what are the conditions for benefiting from it?