Can a French employer refuse unpaid leave?

Yes. Unpaid leave (congé sans solde) is not provided for by any general statute: it depends on the employer's agreement, and on the collective agreement if it deals with it. Have the dates, the terms of your return and what happens to supplementary health and provident cover confirmed in writing, since the contract is suspended and no pay is due during the leave. The sabbatical and start-up leave, by contrast, are rights framed by the Labour Code, which the employer can postpone but not simply set aside.

What are the conditions for a sabbatical in France?

Unless a collective agreement says otherwise: thirty-six months' service with the company, six years of working life, and no sabbatical, start-up leave or career-transition project of six months or more in the previous six years. The leave lasts six to eleven months. The request goes at least three months before departure; the employer answers within thirty days, failing which agreement is deemed given. The employer may postpone the departure and, in a company with fewer than three hundred employees, refuse it after consulting the works council (CSE) if the absence would harm the business; a refusal can be challenged before the employment tribunal within fifteen days.

What are the conditions for leave to set up or take over a business in France?

Unless a collective agreement says otherwise: twenty-four months' service with the company or its group. The leave lasts one year and can be renewed once; it can also take the form of part-time work. The request, which states the activity of the business set up or taken over, goes at least two months before departure. The employer may postpone the departure by six months at most, and refuse it in a company with fewer than three hundred employees, after consulting the CSE, if the leave would harm the business, or if the employee set up or took over a business less than three years earlier. On return, the employee gets back the job or a similar one with at least equivalent pay.

Request for unpaid leave, a sabbatical or business start-up leave (France)

Name: Request for unpaid leave, a sabbatical or business start-up leave (France)
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This document is in French

The PDF you download is in French — that is the language it has to be filed in, so it is not translated. Everything on this page is here to tell you what it says.

A request from an employee in mainland France or an overseas department other than Mayotte to suspend the contract without pay: unpaid leave (congé sans solde), which the employer is free to grant, a sabbatical (articles L. 3142-28 et seq. of the French Labour Code) or leave to set up or take over a business (articles L. 3142-105 et seq.). It gives the dates and, where relevant, the reason or the business's activity. For the two statutory leaves, send it at least three months (sabbatical) or two months (start-up) ahead, in a way that proves the date (registered post with proof of receipt, or hand delivery against a receipt), unless a collective agreement says otherwise. In French.

Made for use in France
Last updated October 13, 2026

When to use this document

You want to take a few months off work in France without pay to travel or deal with family matters.
You want a sabbatical for a personal project and must ask your employer in good time.
You are setting up or taking over a business and want leave from your job to do it.
You need a written request to your employer for unpaid leave.

What you fill in

The details the document asks for.

Employee
Employee's address
How the letter is delivered
Employer
Employer's postal address (department if any, street, postcode and town)
City
Date
Kind of unpaid leave
Period from
Period to
Position
Date of hiring
Reason for the request (optional)
Business of the company to be set up or taken over (for business start-up leave)
Date of return to work

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Common questions

Can a French employer refuse unpaid leave?: Yes. Unpaid leave (congé sans solde) is not provided for by any general statute: it depends on the employer's agreement, and on the collective agreement if it deals with it. Have the dates, the terms of your return and what happens to supplementary health and provident cover confirmed in writing, since the contract is suspended and no pay is due during the leave. The sabbatical and start-up leave, by contrast, are rights framed by the Labour Code, which the employer can postpone but not simply set aside.
What are the conditions for a sabbatical in France?: Unless a collective agreement says otherwise: thirty-six months' service with the company, six years of working life, and no sabbatical, start-up leave or career-transition project of six months or more in the previous six years. The leave lasts six to eleven months. The request goes at least three months before departure; the employer answers within thirty days, failing which agreement is deemed given. The employer may postpone the departure and, in a company with fewer than three hundred employees, refuse it after consulting the works council (CSE) if the absence would harm the business; a refusal can be challenged before the employment tribunal within fifteen days.
What are the conditions for leave to set up or take over a business in France?: Unless a collective agreement says otherwise: twenty-four months' service with the company or its group. The leave lasts one year and can be renewed once; it can also take the form of part-time work. The request, which states the activity of the business set up or taken over, goes at least two months before departure. The employer may postpone the departure by six months at most, and refuse it in a company with fewer than three hundred employees, after consulting the CSE, if the leave would harm the business, or if the employee set up or took over a business less than three years earlier. On return, the employee gets back the job or a similar one with at least equivalent pay.

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