Title IV: Paid leave and other holidays

An employee who sets up or takes over a business is entitled, subject to a condition of seniority in the company and under the conditions laid down in this section : 1° Either to leave ; 2° or to a period of part-time work. Seniority acquired in any other company of the same group, within the meaning of article L. 2331-1, is taken into account as seniority in the company.

Article L. 3142-105 also applies to employees who have management responsibilities within a company which, at the time they apply for leave, meets the criteria of a young innovative company as defined in article 44 sexies-0 A of the French General Tax Code.

The employer may defer the start of the leave or the beginning of the period of part-time work, up to a maximum of six months from the employee’s request, without prejudice to the application of articles L. 3142-113 and L. 3142-114.

At the end of the leave, the employee returns to their previous job or a similar job with at least equivalent pay.

At the end of the leave or period of part-time work, if the employee wishes to terminate the employment relationship, the conditions of termination are those set out in his employment contract, with the exception of those relating to notice. The employee is therefore exempt from paying a termination indemnity. The employee may not invoke any right to be re-employed before the expiry of the leave.

An employee who returns to work in the company at the end of his leave is entitled to retraining as necessary, particularly in the event of a change in working techniques or methods.