Unpaid leave: the keys to managing it successfully

Unpaid leave allows an employee to take a temporary leave of absence while retaining their contract, albeit unpaid. Often requested for personal reasons, it requires an agreement between the employer and the employee, implying good management by the employer of the terms and conditions involved.

Conditions of unpaid leave

• Agreement of the employer: Unpaid leave is not an automatic right and requires the agreement of the employer, who may accept or refuse it depending on the needs of the company. However, good communication between the two parties can make it easier to obtain.
  
• Duration of the leave: The duration of unpaid leave depends on the agreement between the employee and the employer, ranging from a few days to several months, depending on the reasons. It is important to define it clearly from the start to avoid any ambiguities.
  
• Impact on salary rights: Unpaid leave suspends the employment contract, resulting in a break in salary and no entitlement to paid holiday or pension, unless there is a special agreement.
  
• Maintaining benefits: Benefits such as health insurance and supplementary pension depend on the agreement with the employer. Most employers suspend these contributions during unpaid leave.
  
• Right to return: It is crucial to define the return arrangements before leaving. In general, the employee will return to his or her job or a similar position, but it is recommended that this be formalised in a written agreement to avoid any misunderstandings.
  

Procedures for requesting unpaid leave

• The formal request: The request for unpaid leave must be written, specifying the reasons, the duration and the desired date of return, while allowing sufficient time for the employer to make arrangements.
  
• Negotiation with the employer: As unpaid leave requires the agreement of the employer, negotiation may be required. It is essential to explain the reasons and propose solutions for managing your absence.
  
• Written agreement: Once the request has been accepted by the employer, it is recommended that the agreement is formalised in writing, specifying the duration of the leave, the terms of return and the conditions of social benefits, in order to avoid any confusion and ensure a good working relationship.
  
• Planning the return: To prepare the return to work as well as possible, it is recommended that a reintegration plan is agreed with the employer. This plan can include an update on developments at the company during the absence, as well as the new priorities or projects on which the employee should focus on their return.
  

Conclusion

Unpaid leave allows employees to take a break while keeping their job, thus facilitating personal or professional projects. Its success depends on clear communication between employer and employee and, if properly supervised, it can be beneficial for both parties.

Daniel Binamé, 

Development and Partnerships Manager, Partena Professional