Section 3: Leave and period of part-time work to set up or take over a business

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.

When a period of part-time work is envisaged, an amendment to the employment contract sets the duration of this period in accordance with article L. 3123-6. Any extension of the period of part-time work at the request of the employee shall give rise to the signature of a new amendment under the same conditions.

An employee whose employment contract is amended to provide for part-time work may not invoke any right to be re-employed on a full-time basis before the end of this amendment. At the end of the period of part-time work, the employee returns to full-time work with remuneration at least equivalent to that previously paid.

In undertakings with less than three hundred employees, the employer may refuse the leave or the change to part-time work: 1° If, after consulting the Social and Economic Committee, the employer considers that the leave or the period of part-time work will have a detrimental effect on the smooth running of the company; 2° If the employee requests this leave or this period of part-time work less than three years…

The employer may postpone an employee’s departure on leave if such departure would result in the number of employees simultaneously absent or the number of days absent on such leave and on sabbatical leave being excessive in relation, respectively, to the total number of employees and the number of days worked in the company.