French employers may apply sanctions to staff who take unauthorised absence. Such absence can take a variety of forms, including:
- The employer is not informed of the absence
- The absence was refused by the employer, but is taken regardless
- The employee has extended their authorised leave (such as paid holiday) without seeking the employer’s prior approval
How should a French employer respond to unauthorised absence?
Although sanctions may be applied, they must be governed by the circumstances and reasoning behind the unauthorised absence. As such, the employer should ensure they are fully aware of the facts before proceeding with a decision.
The first step, therefore, is to gather information about the absence, then assess whether it is genuinely unauthorised. For example, another manager could have authorised the absence, or the employee has not yet sent proof of why they are absent. This is particularly important in the case of an accident (either at work or on the employee’s commute) or for sick leave, since the employee has 24-48 hours to send confirmation of their absence under these circumstances.
This crucial first step means the employer may properly determine the context of the employee’s absence – which could be caused by many reasons including stress, family issues, or harassment at work – and make an appropriate decision.
The next step in the process depends on whether the employee has returned to work or is still absent.
If the employee has returned to work, the employer should ask them to justify the absence with proof. If this is provided, and the employee has not been absent without authorisation before, they may simply be reminded of the correct procedure (rappel de procedure) so they are aware of what to do in future.
However, if no appropriate justification is provided, the employer may sanction the employee in accordance with the seriousness of the incident and its effect on the company.
If the employee is still absent and no reason is forthcoming, they can be sent a formal notice requesting justification. This letter should explain that:
- sanctions will be applied if the employee does not justify their absence, and
- they must return to work within a period of at least 15 calendar days (including weekends and public holidays).
It is recommended that the letter is sent by recorded delivery, from the third day of the employee’s absence (if no proof is received by this time, it will be apparent that the absence was not caused by an accident or sickness).
After the letter is sent, the following scenarios are possible:
- The employee responds by sending valid justification for their absence, in which case rappel de procedure may be all that is needed.
- The employee sends invalid justification, such as a document that does not cover the full period of absence, in which case an appropriate sanction may apply.
- The employee does not respond at all, in which case a second formal notice may be sent, or a sanction directly applied.
“Abandon de poste”
Before April 2023, a French employee’s unauthorised absence could not be considered as a resignation. However, employers must now consider the possibility that such absence is in fact a disguised resignation, or abandon de poste – an attempt by the employee to leave the company while retaining unemployment benefits (note: new legislation has been designed to prevent this occurrence).
Which sanctions apply to unauthorised employee absences in France?
As we have previously mentioned, context is vital. Along with the specific reason for the absence, an employee who has always behaved in an exemplary manner may receive a more lenient sanction than one with a complicated disciplinary record, for example. The employer may also wish to factor the duration of the unauthorised absence into their final decision.
Applicable sanctions range as follows:
- Rappel de procedure
- Avertissement or blâme (a written warning or reprimand that remains on the employee’s file)
- Mise à pied (a disciplinary suspension without pay, if supported by the company’s règlement interieur)
- Dismissal
Can we help you manage employee absence in your French company?
Please don’t hesitate to contact us with questions about unauthorised absence, or to arrange bespoke, wide-ranging HR support for your French business.