What is a leave of absence?
A leave of absence is the temporary suspension of an employment contract at the employee’s request.
It’s important to understand that:
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It is not a sick leave nor a resignation: the employment relationship remains in place, but in a paused or suspended state.
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There is no obligation to work or to pay salary: during the leave of absence, the employee does not provide services, and the company is not required to pay a salary or make Social Security contributions (except in specific cases, such as leave to care for children).
- The reason may vary: it can be requested for different reasons, such as personal or family matters, studies, or to take up a public office.
Common types of leave of absence
Leaves of absence are classified into different types, each with its own rules regarding duration and the right to job reservation.
Voluntary leave of absence
- Requested at the worker’s own discretion, without the need to justify the reason.
- Generally requires a minimum length of service with the company.
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The employee does not have the right to job reservation, only a preferential right to rejoin if a vacancy of the same or similar category becomes available.
- Usually has a minimum duration (e.g., 4 months) and a maximum duration (e.g., 5 years).
Leave of absence for childcare or family care
- Granted to care for a child or a family member up to a certain degree of kinship.
- This type of leave does provide job protection (at least during the first year), and the time counts toward seniority.
Mandatory leave of absence
- This is granted when the employee is appointed or elected to a public office or to union duties that prevent them from attending work.
- It entails the preservation of the employee’s job position for the entire duration of the office, and the period counts towards seniority.
