Reclassification Leave

Verified 19 August 2024 - Directorate for Legal and Administrative Information (Prime Minister)

The employer who plans to dismiss on economic grounds in a company of 1,000 or more employees, shall propose a reclassification leave. This leave allows the employee to benefit from the assistance of an accompanying cell to facilitate the job search process. It allows the setting up of training measures or validation of experience (VAE) funded by the employer. This leave is paid by the employer. We present you with the information you need to know.

The employee's proposed reclassification leave depends on the number of employees in the company.

However, in the event of liquidation or judicial redress, redeployment leave is not offered.

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Company of 1 000 or more employees

Reclassification leave is available to any employee whose dismissal for economic reasons is envisaged in a company or establishment of 1,000 or more employees.

No conditions (age, seniority, number of dismissals, etc.) are required.

Company of less than 1 000 employees

The employer can propose reclassification leave within the framework of employment protection plan (ESP) even if the company has fewer than 1,000 employees.

Company for judicial reorganization or liquidation

The company in judicial reorganization or liquidation is not affected by the obligation to propose reclassification leave.

The business security contract must then be offered to the employee.

The employer must inform any employee who may be dismissed on economic grounds of the conditions for the implementation of reclassification leave (reclassification aids, status and remuneration).

This information shall be transmitted:

A template document is available to inform the employee of the conditions of the reclassification leave:

Document given by the employer to the employee informing him of the conditions of the retraining leave

The employer must offer the employee reclassification leave in the letter of dismissal.

Sample economic dismissal letters with proposed reclassification leave are available:

Model Letter - Letter of Economic Dismissal with Prior Interview - Reclassification Leave

Model Letter - Letter of Economic Dismissal without Prior Interview - Reclassification Leave

The employee has a delay of 8 calendar days, as from notification the letter of dismissal, to answer.

There's no pitch of the legal procedure required for the response to the employer. So as to avoid all dispute, it is however preferable to do so by letter RAR: titleContent or hand delivered letter against dump.

L'lack of response within that period shall be employee's refusal.

If the employee accepts the reclassification leave, it starts at the end of the 8-day response period.

In the absence of a reply or in the event of refusal of reclassification leave, the notice of dismissal starts from 1re presentation of the registered letter.

Please note

If the employer does not propose such leave, the employee may to refer the matter to the labor council to get compensation.

The leave shall enable the employee to benefit from the assistance of an accompanying cell to facilitate the job search process.

The services of this support unit shall be performed by one of the following persons:

  • External provider chosen by the employer
  • Company employees designated by the employer.

When the employee accepts the redeployment leave, it begins with an assessment and orientation interview. The employer then presents the employee with a document formalizing the leave. After signature of this document, the employee benefits from the actions aimed at reclassification.

1 - Evaluation and orientation interview

Reclassification leave shall start with a assessment and orientation interview organized by the accompanying cell.

The purpose of this interview is to define with the employee a professional reclassification project and to determine the conditions for its implementation.

At the end of the interview, the support unit provides the employer and the employee with a document specifying the content and duration of the actions necessary to promote reclassification.

Please note

The support unit shall inform the employee of the possibility of receiving a skills assessment where the assessment and orientation interview did not allow a professional project to be defined.

This assessment is carried out by a recognized organization and has as its sole purpose the determination of the professional reclassification project.

It is formalized by the signature of a agreement between the employer, the service provider and the employee.

2 - Presentation to the employee of the document formalizing the leave

After the assessment and orientation interview or the skills assessment, the employer shall give the employee a document detailing the reclassification leave content.

This document recalls in particular the obligation made to the employee of to attend summonses of the accompanying cell, the commitments employee and failure conditions of leave.

The employee has a delay of 8 calendar days, from the date of delivery of that document, for the sign.

L'absence of signature at the end of that period shall be refusal of leave. In this case, the employer notify to the employee the end of the reclassification leave by registered letter with AR: titleContent.

3 - Accompaniment of the employee during the leave and training

The employee is assisted by a job-search support unit andtraining measures intended to promote reclassification.

The employee may benefit from a validation of experience (VAE).

The employer finances all these actions.

The employee participates in the actions organized by the support unit.

The length of the redeployment leave shall be determined by the employer after consultation with the ESC. The duration varies depending on the results of the assessment and orientation interview or skills assessment.

This duration is included between 4 and 12 months (or less than 4 months, with the employee's consent). If the employee follows a vocational retraining, the duration of the reclassification leave may be extended to 24 months.

If the employee is taking a training or EEV: titleContent, the duration of the redeployment leave may not be less than the duration of those actions, up to a maximum of 12 months.

Reclassification leave shall start during the notice, that the employee is excused from running. If the duration of the reclassification leave exceeds the duration of the notice, the end date of the notice shall be postponed until the end of the leave.

The remuneration of the employee varies according to the length of the redeployment leave.

During the period leave of absence corresponding to the notice, the employer shall pay standard salary of the employee.

During the period of reclassification leave exceeding the period of notice, the employee shall receive a monthly allowance.

Its amount shall be at least 65% the average gross remuneration for the last 12 months preceding the notification of dismissal.

Allocation cannot be less than €1,501.88, or 85% of the Smic: titleContent.

The remuneration is calculated on the basis of full-time employment if the employee has worked part-time during the last 12 months in the following situations:

  • Educational parental leave
  • Caregiver leave
  • Parental leave
  • Family solidarity leave.

The allowance shall be exempt from social contributions.

It shall, however, be subject to social security contributions (to CSG at a rate of 6.20% and CRDS at a rate of 0.5%).

The employer shall remit a monthly bulletin specifying the upright and the method of calculation of that remuneration.

Yes, the reclassification leave shall then be suspended during each period of work performed by the employee.

The employee may work for any employer (except for an individual).

He shall sign, for each period of work, or a CSD: titleContent renewable once, i.e. a temporary employment contract.

The leave shall resume at the end of each period of work.

Please note

The employer can provide for a postponement of the scheduled leave period. This postponement must be within the limits of the duration of the periods of work completed during the leave.

Reclassification leave may be suspended in the event of sick leave, maternity leave or paid leave.

Disease

In the event of sickness, the employee continues to receive the reclassification leave allowance after deduction of the social security daily allowance.

At the end of the sick leave, the employee shall again receive the reclassification leave allowance, unless the end date of the leave has already been reached.

Maternity and paternity and adoption leave

During pregnancy, the employee may suspend the retraining leave if it is not completed by the time she receives maternity leave.

At the end of the maternity leave, she shall again be granted reclassification leave for a period corresponding to the total duration of the leave less the duration used before the maternity leave.

The same applies to adoption leave and paternity leave.

Paid Leave

The employee may take paid leave earned before the start of the reclassification leave.

Days of paid leave may be granted to the employee during the retraining leave. The information is then specified in the document, signed by the employer and the employee, which sets the conditions for the reclassification leave.

The employee may also obtain payment of compensatory leave with pay when he has not taken all his leave.

Please note

The employee shall not earn paid leave during the period of reclassification leave which exceeds the period of notice.

Reclassification leave may be terminated before the scheduled end if the employee does not respect the commitments made or if he finds a job again.

Early termination for non-compliance

If the employee does not comply with the commitments specified in the document he has signed, the employer may terminate the reclassification leave.

The employer reminds the employee by registered letter with AR: titleContent or hand delivered letter against dump that he must follow the planned actions and follow up the summonses sent to him.

If the employee does not reply to this letter within the time limit set, the employer shall notify the end of reclassification leave by registered letter with AR: titleContent.

Early break on hire

Reclassification leave ends if the employee returns to work before the scheduled end date.

The employee must inform the employer before hiring, by registered letter with AR: titleContent or hand delivered letter against dump.

It specifies the date of employment to the employer and the date of submission of the registered letter shall set the end of the reclassification leave.

The employee receives a severance pay.

Please note

The period of reclassification leave in excess of the normal period of notice shall not be taken into account in determining seniority for the calculation of the severance pay.

He also receives a compensatory allowance for paid leave, if he has not taken all the leave accrued on the date of termination of the contract.

The employer shall provide the employee with the following documents:

Please note

When anwage savings is set up in the company, the employer provides the employee, at the end of the employment contract, with a summary statement of the sums saved.

The employee who meets the conditions, including a minimum period of work, may benefit from Return to Employment Assistance (RWA).

Who can help me?

Find who can answer your questions in your region

  • For information about reclassification leave in your company

    Departmental Directorate for Employment, Labor and Solidarity (DDETS or DDETS-PP)

    https://dreets.gouv.fr/

    Search for DDETS on the interactive map by clicking on the department desired.