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Labour Code · art. 153-154
Updated June 2026

📆 Can I take unpaid leave?

With conditions
Quick answer

It depends on the employer's agreement: you can ask, but they can refuse. Under the Labour Code, unpaid leave is granted at the employee's request and with the employer's agreement. For personal reasons, the Labour Code sets no maximum duration — the period is set by agreement between the parties (or by the collective agreement/internal rules). Since suspending the contract through unpaid leave is done "by the parties' agreement" (art. 54), the employer can refuse the request, especially if your absence would significantly affect the activity. During unpaid leave, the employment contract is suspended. Watch the effects: if granted for personal reasons, the period does not count as length of service; if for professional training (under the law), the period can count as seniority. During it you don't pay health contributions. In short: you have the right to ask, but granting depends on the employer.

📋 The rules

  • Granted at your request and with the employer's agreement
  • The employer can refuse (suspension by the parties' agreement)
  • No legal maximum (personal reasons)
  • The employment contract is suspended
  • Personal reasons: the period is not length of service

🔓 Exceptions

  • Leave for professional training: can count as seniority
  • Duration: set by agreement/collective contract/internal rules
  • During it: health contributions aren't paid

⚠️ Penalties & fines

Unpaid leave is a right conditioned on the employer's agreement, so we're not talking about sanctions but effects to bear in mind. During it, the contract is suspended: you get no salary, and for personal reasons the period does not count as seniority. Also, you don't pay health-insurance contributions, which can affect your insured status if the period is long. To use this right correctly: file a written request with the employer, agree on the duration, check the specific conditions in the internal rules or collective agreement, and bear in mind the effects on seniority and health insurance. If the employer unjustifiably refuses, especially for leave expressly provided by law, you can get information from the Labour Inspectorate.

📎 Official sources

Last verified: 2026-06-20

❓ Frequently asked

Can I take unpaid leave anytime?

Not guaranteed anytime. Unpaid leave is granted at your request, but with the employer's agreement, which can refuse it, especially if your absence would significantly affect the activity. Suspending the contract through unpaid leave is done by the parties' agreement, so it doesn't depend only on your will.

Is there a maximum duration for unpaid leave?

For personal reasons, the Labour Code sets no maximum duration. The period is set by mutual agreement between employee and employer, or by the collective agreement or internal rules. So the duration can vary a lot, depending on the parties' agreement and the company's internal rules.

Does unpaid leave count as seniority?

It depends on the reason. If granted for personal reasons, the unpaid-leave period doesn't count as length of service. By contrast, if granted for professional training, under the law, the period can be considered seniority. Check the correct classification of your leave.

Am I still medically insured on unpaid leave?

During unpaid leave you don't pay health-insurance contributions, which can affect your insured status if the period is long. It's advisable to ask the health-insurance fund how you can keep your insured status during this period.

Can the employer refuse the request?

Yes. Since suspending the contract through unpaid leave is done by the parties' agreement, the employer can refuse the request, especially if your absence would affect the activity. The exception is certain leave expressly provided by law, for which the conditions are separately regulated.

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