Unpaid leave following maternity leave counted as a period of activity for seniority purposes
Last updated : July 3, 2025
The employee is entitled, upon request, to unpaid leave immediately following maternity leave or adoption leave. The unpaid leave referred to in this article may not exceed eighteen months. It is granted for the period requested.
Between the maternity leave or adoption leave and the unpaid leave referred to in this article, no period of active service and no period of leave may be inserted, with the exception of a period of parental leave granted under articles L.234‐43 et seq. of the Labour Code. In the event of parental leave, the combined duration of the parental leave and the unpaid leave may not exceed 18 months.
The employee may request unpaid leave and parental leave on a part-time basis. Likewise, the combined duration of the part-time parental leave and unpaid leave may not, however, exceed 18 months. Where the employer refuses to grant part-time parental leave or unpaid leave, the employee will be informed in writing of the reason for the refusal. Unpaid leave must be requested by registered letter to the employer at least four weeks before the presumed start date of the unpaid leave.
The period of unpaid leave referred to in this article is counted as a period of active service for advancements.