Employment law · French law
Business creation leave in France: prepare a request
Informational guide. An independent qualified legal review has not been completed.
A private-sector employee starting or taking over a business may request leave or a period of part-time work, subject to conditions. Seniority, duration and notice requirements depend in part on the applicable agreement. Prepare the planned activity, start date and requested duration. A request does not remove the need to check loyalty obligations, the employer's response and arrangements for returning.
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Is this leave normally paid?
The employer normally does not pay salary during this leave. Check any more favourable arrangement and your project resources; the builder does not calculate income during leave.
Read the references3 free questions at signup. Avoid names and sensitive information.
What you leave withA structured request that separates known details from conditions still to check.
Start with the practical sectionDoes leave or part-time work fit your project?
Business creation or takeover leave suspends employee activity for the agreed period. A part-time arrangement retains reduced working activity. Choose according to the time your project needs, then check the applicable conditions. This entrepreneurial arrangement is distinct from sabbatical leave.
| Choice | Request to specify | Practical point |
|---|---|---|
| Leave | Requested start and duration | Prepare suspension and return |
| Part-time period | Start, duration and proposed reduction | Agree the working schedule |
References : Code du travail : L3142-105
Which conditions should you check before applying?
A collective agreement may determine seniority, duration and information requirements. Without an applicable agreement, L3142-119 provides 24 months of seniority, consecutive or otherwise, and a maximum of one year extendable by at most another year. Do not present these default rules as universal.
- Applicable company or industry agreement and version.
- Relevant seniority, including work in the same group under the applicable framework.
- Chosen arrangement, creation or takeover activity and requested timetable.
References : Code du travail : L3142-105 · Code du travail : L3142-119 · Service Public : Congé pour créer une entreprise : préparer la demande
What information belongs in the request?
The builder assembles the arrangement, an activity description without names and requested dates. An unread agreement remains an unknown. Dates organise a draft; they do not calculate employer receipt, notice requirements or eligibility.
References : Code du travail : L3142-105 · Code du travail : L3142-119
What does a request for a January start look like?
For the fictional example, state the requested start and duration and describe the activity. Before actually sending, check the information deadline and delivery method under the applicable arrangement. Retain proof of receipt: a date in the draft does not prove delivery.
- Subject: request for business creation or takeover leave or part-time work.
- Requested start and end, with proposed reduction for part-time work.
- Project activity and text relied on for the conditions.
Fictional example: an employee requests six months of leave from 15 January 2027. The note separates the desired start, notice requirement to verify and receipt evidence; it does not calculate a personal filing deadline.
References : Code du travail : L3142-105 · Code du travail : L3142-119 · Service Public : Congé pour créer une entreprise : préparer la demande
What do approval, postponement and refusal mean?
Approval, postponement and refusal are different responses. Their availability and grounds depend on the arrangement, workforce size and circumstances. Request a written response and examine its conditions. Do not automatically treat silence as refusal; check the applicable response rule and period.
References : Service Public : Congé pour créer une entreprise : préparer la demande
How do you prepare for the end of the leave?
Prepare the return or end of the arrangement before its expiry. Inform the employer under the applicable conditions and retain exchanges about return or extension. Early return is different from an already agreed resumption; clarify the options before changing the timetable.
References : Service Public : Congé pour créer une entreprise : préparer la demande
What else should you check?
Is this leave normally paid?
The employer normally does not pay salary during this leave. Check any more favourable arrangement and your project resources; the builder does not calculate income during leave.
Is the seniority condition always the same?
No. An applicable agreement may set the conditions. The 24 months in L3142-119 is a default rule, not a universal minimum to apply without checking.
Must you describe the proposed business?
Yes. Specify the creation or takeover activity under the information requirements. A general description is enough for the draft; add the required details before actually sending it.
Does employer silence always mean refusal?
No. Check the applicable response rule and period. Retain proof of receipt and distinguish silence from an express written refusal.
Can you request an early return?
Do not assume an automatic right to return before the agreed end. Check the applicable framework and seek explicit agreement on the date and conditions of return.
Which sources support this page?
Official texts remain in French. The explanations above describe French law. A source check records a reading date; it is not qualified legal review.
- Code du travail : L3142-105Source checked : · Version from 2016-08-10
- Code du travail : L3142-119Source checked : · Version from 2016-08-10
- Service Public : Congé pour créer une entreprise : préparer la demandeSource checked :