An employee may want to take a break from work, whether to pursue a personal project, spend time with his or her family, or travel the world. The employer, on the other hand, may have an interest in ensuring that the employee returns to his or her position after this break. A sabbatical can be an appropriate way to reconcile the two.
During a sabbatical leave, the main obligations of the employment contract are suspended. The employee does not perform his or her job. The employer, on the other hand, does not pay his salary.
Some of the employee's rights depend on his or her years of seniority within the company. This is the case for the right to salary in case of illness or for the calculation of the notice period. When the unpaid leave lasts several months, should it be taken into account to determine the seniority? This question is of great importance.
Sabbatical leave differs from holidays in several respects. The employee is not paid during the sabbatical leave. The employer may allow the employee to take an unpaid leave, but is not obliged to grant the request. In addition, the purpose of holidays is for the employee to rest. During the sabbatical, however, the employee is free to engage in energy-intensive activities, such as climbing a mountain or following the St. Jacques of Compostelle pilgrimage.
Unlike holidays, the employee does not have a right to unpaid leave. The employer is free to decide whether or not to grant it. The parties must agree on the principle and duration of the sabbatical leave.
As the name suggests, the employee does not receive a salary during the period of unpaid leave. The 13th salary may be reduced. The entitlement to a bonus will depend on the conditions under which it is granted.
Accident and illness
Sabbatical leave is an opportunity for the employee to engage in activities that are not without danger. Hiking, scuba diving... The risk of accident is real. However, the employee is often no longer covered against loss of earnings in case of illness or accident. In most cases, the employee will not be entitled to his or her salary.
The employee may be prevented by accident or illness from using the unpaid leave for the desired activity. The recovery of such unpaid leave at a later date is at the discretion of the employer.
Social Security Contributions
Most social security contributions are deducted directly from salary. When an employee ceases to receive pay due to unpaid leave, his or her social security coverage may be greatly reduced. Employees who wish to continue to pay AHV and vested benefits contributions or to be covered in case of accident or illness must make arrangements.
During sabbatical leave, the employee is not legally protected against dismissal. This does not mean, however, that the employer may terminate an employee during this period without further notice. The rules applicable to the leave period during unpaid leave are special.
The purpose of the probationary period is to allow the employee and the employer to determine whether they are mutually suitable. During certain absences of the employee, the trial period may be extended. The question of whether an unpaid leave extends the probationary period is critical. It will determine whether or not the employee is protected from termination at an inopportune juncture, particularly in the event of pregnancy or illness.
Taking care of a sick child is a legal obligation. Under certain conditions, the employer is required to grant paid leave to an employee when he or she must care for a sick child. The duration of this leave is limited. Beyond a few days, if the employee has not found a childcare solution, the employer may consider his absence as an unpaid leave.