The sabbatical year, also known as sabbatical, is becoming increasingly popular. More and more people are taking the opportunity to take a temporary break from work in order to recover, gain new perspectives and return to work with fresh energy. Companies are also increasingly open to this option. But what exactly is behind a sabbatical year and what points should employees and employers consider?
What is a sabbatical year?
A sabbatical year is an unpaid special leave during which employees can leave everyday working life for a longer period of time. The duration can vary from a few weeks to a year, depending on the agreement between employee and employer. The sabbatical year is often used for personal development, travel or regeneration.
Who is entitled to a sabbatical year?
There is no legal right to a sabbatical year in the private sector. However, public sector employees and civil servants in Germany can apply for a sabbatical under certain conditions. Employees in the private sector depend on the consent of their employer and must contractually regulate the details.
Financing Models for a Sabbatical Year
In order to implement a sabbatical year, there are various financing models that can be selected depending on the individual situation:
Rules in the Employment Contract
Since the use of a sabbatical year or sabbatical is not regulated by law, this requires clear contractual agreements for companies. In order to protect both workers and the company in terms of employment and pay payments, the following elements of the contract should be defined:
- Duration of the sabbatical year: Determine the duration for a predictable implementation. In a savings model, the exact percentage of pay and time per month must be determined in order to ensure continued payment of remuneration.
- Payment of bonus claims: Clarify whether they should be paid out or credited during the savings phase.
- Returning after sabbatical: Determine which job in the company the employee is entitled to after the sabbatical — their previous job or an equivalent position.
- Gross salary during exemption: The gross salary during the sabbatical must be between 70 and 130 percent of the average salary of the last twelve months, although it must exceed 450 euros if not minor.
- Voluntary benefits provided by the company: Establish the employee's entitlement to voluntary benefits, such as company pension plans or bonus payments, in particular for exemptions without a savings model.
- Social Security Contributions: Point out that you are not required to pay social security contributions if you take time off without a time or wage savings model.
In addition to financial regulations, points such as incapacity for work due to illness and the possibility of postponing the leave period are also important. A prolonged illness may affect saving and exemption periods; the contract should therefore determine whether an extension is possible. In addition, a contractual arrangement should be made which allows the exemption to be postponed in the event of operational needs.
Legal Aspects and Termination
When arranging a sabbatical, employers and employees are usually in a positive mood, but circumstances, such as the employee's dismissal, can change at any time. It is therefore essential that the sabbatical contract contains clear rules on termination options during the exemption period. This includes defining the requirements for dismissal, determining whether legal or contractual provisions or special regulations apply during the sabbatical, and dealing with unused cash and working time assets in the event of dismissal. If these points and the associated legal requirements are carefully considered, nothing stands in the way of a mutually beneficial break through a sabbatical.
Maximum benefits when applying for sabbatical
A sabbatical year offers employees the opportunity to recharge their batteries and gain fresh perspectives. With ZEP, applying for and managing this valuable break is significantly easier. The prerequisite for registering or applying for unpaid leave is that the module Absences & Overtime exists and the corresponding reason for failure exists. As an administrator, you can do this at Administration > Overtime & Absenteeism > Absence reasons Define. Employees benefit from a transparent overview of their accumulated overtime and vacation days, which enables them to quickly track their claims.
There are different procedures for applying for a sabbatical, depending on the approval settings. If the vacation does not require approval, employees can simply select the desired day in the Absences & Appointments menu item, enter a new absenteeism and determine the period and reason for the absence. You can select the entire day, 50% of normal working time, or a specific time and click “Save.” If, on the other hand, the vacation requires approval, employees must click on “Save and Request” using the same procedure, which notifies the relevant people of the application, who then decide whether to approve or reject it.
ZEP also ensures an automated calculation of absences so that employees can concentrate on the essentials while complying with all legal requirements. Companies also benefit from the structured administration of sabbaticals. The ease of use significantly reduces administrative costs for HR departments and enables smooth planning. This increases efficiency and promotes an open working environment. ZEP also ensures compliance with all legal regulations so that employees and managers can feel equally certain that the sabbatical application process is legally correct. In this way, both sides benefit from a successful sabbatical process.
Conclusion: Sabbatical year as a win for both sides
A sabbatical year offers employees the opportunity to take time off and gain new perspectives. A sabbatical year can also be positive for companies, as employees are often more motivated and more efficient after their return. However, good planning and clear contractual arrangements are important so that the sabbatical year is successful for both parties.
FAQs
What is a sabbatical year?
A sabbatical year, also known as a sabbatical, is a professional break that typically lasts between one month and one year. It is used for recreation or personal development and is agreed individually with the employer.
How can you finance a sabbatical year?
There are various financing models, including unpaid special leave, a long-term work account or wage waiver. Depending on the model, employees remain covered by social security or must pay their own contributions.
Is there a legal right to a sabbatical year?
There is no legal requirement in the private sector; only civil servants and public sector employees have regulations here. Employees depend on their employer's approval.
Social security during sabbatical
During a sabbatical with continued payment of pay, the employee is automatically covered by social security, as he has saved time or money for this period. This also applies to unpaid special leave of up to one month, in which case a post-insurance period of one month comes into force from the termination of the employment contract.
It is important to note that the credit agreement must comply with certain legal requirements for continued payment of remuneration. These include the written definition of the agreement, the exclusive use for the sabbatical exemption and the need for the fee due during the exemption to exceed 450 euros. After the first month of leave, the employee assumes responsibility for his health and pension insurance, provided that the employment contract is suspended for the duration of the special leave.