Voluntary leave of absence is a labor arrangement that lets you temporarily suspend your employment contract by your own choice, with no need to justify a specific reason, but with very different conditions from similar arrangements like leave for childcare. Knowing the difference well avoids unpleasant surprises when you want to return to work.
What voluntary leave of absence is
It's a worker's right to suspend their employment contract of their own free will, with no need to give a reason, provided they have a minimum tenure at the company (generally at least one year) and respect a minimum waiting period since the end of any previous leave, if they've already taken one.
What happens to your salary during the leave
During voluntary leave, the contract is suspended, not terminated, which means you don't receive a salary and the company doesn't make Social Security contributions on your behalf during that period, unless it's a specific type of leave with contribution rights (such as certain leaves for childcare or family care, which are treated differently on this point).
The key difference: there's no guarantee of getting your exact job back
This is the point that surprises first-time applicants the most: voluntary leave grants a preferential right to rejoin in a vacancy of equal or similar category when you request it, but not a guarantee of returning to your exact previous position. This contrasts with leave for childcare, where during the first year (and in certain cases longer) there is a right to hold the same job open for you.
Voluntary leave vs. leave for childcare or family care
| Voluntary leave | Leave for childcare/family care | |
|---|---|---|
| Requires justifying a reason | No | Yes |
| Minimum tenure required | Yes, usually 1 year | No |
| Same job held open | No, only preferential rejoining | Yes, during the legally set period |
| Social Security contributions | No, generally | Yes, during certain periods depending on the case |
How to request it correctly
The request must be made in writing, respecting the notice period set by your collective agreement (in the absence of a specific provision, a reasonable period usually applies). It's important to keep a record of the request and the company's response, especially regarding the start date and agreed duration, since your later right to rejoin depends on this.
What happens if the company doesn't take you back when it ends
If, when the leave ends and you request to rejoin, the company has no vacancy of equal or similar category, it isn't obligated to reinstate you immediately, though it does remain obligated to bring you back as soon as a suitable vacancy exists. This situation frequently leads to labor disputes, so it's worth documenting all communication with the company carefully throughout the process.
If your employment ultimately ends
If, after a leave of absence, your employment relationship ends for good (for any reason), it's worth carefully reviewing the resulting severance settlement. Our severance pay calculator helps you estimate the amount you'd be entitled to based on your specific situation.