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How do I get unpaid leave?

Verified 13 August 2021 - Directorate for Legal and Administrative Information (Prime Minister)

You can ask your employer to take a leave for personal reasons, unpaid, called unpaid leave. The collective agreement or collective agreement applicable to the company may provide for leave without pay. The employer has no legal obligation to grant you this leave. If leave without pay is granted, you will return to your previous or equivalent job at the end of your leave.

Unpaid leave is unpaid leave.

You may take this leave for personal reasons.

You can also take this leave for business purposes (for example, to create a company).

This leave is not provided for by law.

Your employer is not obliged to grant you this unpaid leave.

If the collective agreement or a collective agreement contains provisions for unpaid leave, your employer must comply with them.

In the absence of treaty provisions or collective, your employer's agreement is required.

It is best to write a written document, which will serve as evidence in case of dispute.

This document may provide for the following conditions:

  • Envisaged leave start and end dates
  • Possibility of renewing leave
  • Conditions for the employee's return to the company

Your employment contract is suspended during your leave.

You are free to devote your time off to the activities of your choice (personal or professional activities, possibly for another employer, except non-compete clause).

During the leave without pay, you do not receive a salary.

However, your unpaid leave may be paid under the Time Savings Account (TSA), subject to conditions.

At the end of your leave, you will return to your previous or similar job.

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