Are you a contract agent or temporary agent who needs time off and annual leave is not enough? Are you considering applying for unpaid leave? Or perhaps you have submitted a request that was denied? Based on feedback from our members, we are examining the complexities surrounding unpaid leave for personal reasons.
What type of leave can I request?
| leave on personal grounds (CCP [1]) | Time credit leave [2] | Unpaid leave [1] on compelling personal grounds | |
| Official (AD/AST/AST-SC) | Yes | Yes | no |
| Probationary official | no | ? | no |
| Temporary agent(TAs) 2f | no | Yes | yes |
| Probationary TA | no | ? | yes |
| Contract agent (3a/3b, no distinction is made) | no | Yes | yes |
| Probationary CA | no | ? | yes |
Unpaid leave for whom?
While leave on personal grounds (‘CCP’) [1], is a benefit available only to established officials, and granted for personal reasons at their request, there is a limited alternative available for Contract Agents and temporary agents: unpaid leave (on compelling personal grounds) [1] which is possible even during their probational period.
What is the difference between unpaid leave and CCP?
Unpaid leave [3] appears to be separate and more restricted in terms of time than CCP for officials, although all are (confusingly) listed under CCP on the corresponding staff matters site.
Discriminatory provisions
The regulations state that any unpaid leave can only be granted in exceptional circumstances [1]. For CCP, the reasons are referred to as ‘personal’, while for contract and temporary agents as ‘compelling personal’ reasons. What is the actual difference? Does ‘compelling’ mean that a contract or temporary agent must provide stronger justification? What about digital overload [4] or burnout [5] or being tired of ‘encouraged’ constant connectivity [6]? Generation 2004 wonders why even contract agents on permanent (‘indefinite’, 3A [7]) contract face these limitations, what are they trying to achieve by treating all contract agents alike in spite of their differences?
While officials can take up to 12 years (subjects to renewals) of CCP, with additional extensions possible under exceptional circumstances, temporary and contract staff are limited to a maximum unpaid leave of 25% of their total length of service, even for permanent contract agents. For temporary and contract agents with less than 4 years of service, the maximum duration of the unpaid leave is 3 months. Although they can take unpaid leave during their probation, we see how inadequate and useless this provision is. For instance, contract agents 3B [8], who have a career duration limited to 6 years (Article 88 of Conditions of Employment of other servants of the European Union (CEOS [9])), would need to have worked more than 4 years to be allowed to use unpaid leave to engage in any meaningful studies (i.e. that lasts a year) or training for example.
Challenges faced by any colleagues taking unpaid leave of any type
Colleagues who find themselves without a regular income during the leave may experience financial pressure, especially if they need to cover ongoing expenses such as rent, credits or family obligations.
Apart from the salary, the unpaid leave may result in losing (or having to pay for) certain job-related benefits, such as Insurance against sickness/accident [1] or pension contributions (the first year only) [1]. During your personal leave, you may continue contributing and can retain sickness and accident insurance, as long as you are not employed or are employed but ineligible for coverage under a different scheme. Monthly contribution for the sickness insurance is calculated as a percentage of your most recent basic salary. Accident insurance alone cannot be maintained unless you have a spouse or recognised partner enrolled in the Joint Sickness Insurance Scheme (JSIS).
Additionally, regardless of the length of your unpaid leave, you will lose access to most of the SYSPER modules (except vacancies and CCP modules), you will therefore not have access to administrative certificates or your payslips.
Time away from work also impacts opportunities for promotion (specifically reclassification for contract agents 3A) since you are no longer an active member of staff. Upon your return, your seniority in your grade and step will be recalculated to consider the length of the leave. While on unpaid leave you will not advance to a higher step in your grade nor be promoted, either, even if you have been on the list of officials proposed for promotion by your DG or the Joint Promotion Committee that year.
Returning to work after unpaid leave can be difficult, requiring you to catch up on missed tasks, re-build relations with colleagues, and adjust to any changes that have occurred in your absence.
Why would anyone even consider having a break then?
Sysper provides the following reasons:
-
- Other reasons
- Handicapped child
- Child
- Serious illness or disability of a close relation
- To follow the spouse, EU official/other servant, following his/her change of residence
- To follow the spouse, non EU official/other servant, following his/her change of residence
- Political mandate
- Training/studies
While we lack specific statistics, we believe many staff (and particularly contract agents) are motivated by personal growth or the need to recover from stress. Faced with stagnant careers, some may opt for unpaid leave to explore other career opportunities or prepare a transition while maintaining their current employment status. Regardless of their motivation, Generation 2004 believes that all reasons for taking unpaid leave are valid and deserve proper attention from the institution.
Given the particularly low salaries [10] (and limited savings or lack thereof) of contract agents, especially those in lower function groups, they would never take such decision lightly!
And yet, despite these challenges some contract agents and temporary agents still decide to request it. We are convinced that the number of those who do, is not exaggerated at the Commission level. For them the desperation or potential opportunity provided by the leave, ultimately outweighs any immediate (financial) cost, and allows them to focus on long-term well-being and personal growth they failed to find in the institution. So, they apply to then have their request turned down.
Alternative option for leave of up to 42 working days per year
If you have the option to use time credits [11], please consider it. It offers up to 42 working days of leave per year which, together with annual leave and public holidays, might reasonably cover some 12 weeks of continuous leave without many of the drawbacks of unpaid leave. In this way you remain an active member of staff, retain full accident and sickness insurance at no additional charge and you can choose to make either 50% or full pension contributions. There are no impacts on promotion/reclassification, you are not replaced.
A call for a more human approach & flexibility for unpaid leave
We understand that when a colleague takes unpaid leave, finding a right replacement can be a tricky process. Though we firmly believe that making this effort is worthwhile. The fact that for contract and temporary agents the date of reintegration is known from the start should hopefully help for future planning.
We have reached [12] out to the administration for clarification of relevant rules and their applications (e.g. what reasons can enhance changes of receiving approval) and for more understanding when decisions about unpaid leave for the least recognised staff category are taken.
Ultimately, Generation 2004 advocates for the elimination of glaring differences in provisions and procedures between all categories of staff regarding unpaid leave as soon as such an opportunity arises.
As always, we would love to hear from you. Please do not hesitate to get in touch with us [13] or leave a comment below.
If you appreciate our work, consider becoming a member of Generation 2004 [14].
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References
Leave on personal grounds [1]
Commission decision C(2013)9054 [15]