Have you ever needed time off, but not for a vacation? Maybe you want to take a course that could change your career. Maybe a family situation comes up that can no longer be postponed. Or perhaps you need to handle administrative or personal matters that require more time. There are moments when annual leave is not enough — and then the natural question arises: can I legally take more time off without losing my job?
The answer is yes, you can take unpaid leave. But before taking this step, it's worth understanding exactly what the law says and how it affects you.
What Is Unpaid Leave and When Can You Request It?
Unpaid leave is a period during which your individual employment contract is temporarily suspended, at your request, without salary payment. You do not work, you are not paid, but you remain an employee of the company.
It is commonly used for:
- studies or professional training
- personal or family situations
- personal or professional projects
- solving specific matters that require time
What the Labor Code Says: Articles Regulating Unpaid Leave
Unpaid leave is explicitly mentioned in Law No. 53/2003 – the Labor Code, in several relevant articles:
Art. 54 – establishes the general legal framework:
“The individual employment contract may be suspended, by agreement of the parties, in the case of unpaid leave for studies or personal interests.”
Art. 153 – details the purpose:
“Employees are entitled to unpaid leave for resolving personal situations.”
Art. 155 – refers to professional training:
It regulates unpaid leave for professional training, under certain conditions.
In short, these articles mean:
- unpaid leave is legally recognized
- it's generally granted with the employer’s agreement
- it may serve a personal or professional purpose
How Long Can Unpaid Leave Last?
The Labor Code does not establish a universally valid maximum or minimum duration for unpaid leave. In other words, there is no fixed number of days or months imposed by law — which gives flexibility, but the duration may depend on the context.
The duration is generally determined:
- by mutual agreement – you and the employer decide together what is reasonable, depending on the reason for the leave and the company’s needs
- through a collective labor agreement – some companies or industries may have clearer rules, such as recommended limits or specific conditions
- through internal regulations – procedures or recommendations regarding duration may exist, especially for recurring situations
In practice, the duration and use of unpaid leave differ from case to case. Common examples include:
- periods of several weeks, for studies or family situations
- perioade de cateva saptamani, de exemplu pentru studii sau situatii familiale
- leave lasting several months, especially for personal projects or career changes
The duration of unpaid leave may also depend on how much absence the employer can support without significantly affecting business operations.
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What You Lose (and What You Keep) During This Period
It''s important to understand the legal and financial effects clearly.
During unpaid leave, you don't receive:
- salary
- extra-salary benefits
- social contributions paid by the employer
According to Art. 49 para. (2) of the Labor Code:
“The suspension of the individual employment contract results in the suspension of both work performance and payment of salary-related rights.”
What You Lose When Taking Unpaid Leave
- Length of service – normally, unpaid leave does not count toward your work seniority, because activity is suspended. However, there are situations where things may differ:
- if your company has internal rules or a collective agreement that treats this period more flexibly
- if you work in a field with special regulations
- if the employer chooses to consider this period in certain contexts
- Pension contribution period – this is simpler: if you do not receive a salary, the employer cannot pay social contributions, meaning the period is not counted toward pension eligibility. For short periods, this may not matter much, but over the long term, it is worth considering.
- Access to internal benefits depends largely on company policy, but you generally cannot receive:
- meal vouchers
- bonuses or other benefits that may be paused
What You Keep
- your employment contract does not end; it is only suspended (according to Art. 49 of the Labor Code)
- your relationship with the employer continues, even if it is “on pause”
- you have the right to return to work after the agreed period, under the established conditions
When Unpaid Leave Is a Good Choice (and When It Should Be Considered More Carefully)
Unpaid leave can be an excellent solution — but only if taken with some planning. The difference between an inspired decision and one that creates later stress often comes down to how clearly you define your expectations.
It's a good choice if:
- you have a clear purpose – you know exactly why you need this time: a course, a personal issue, a project, or a transition period. The clearer the purpose, the more meaningful the time will feel
- you have financial stability – without a monthly income, it is important to know you can cover expenses without stress. Ideally, you should have a financial buffer for unexpected situations
- you have talked openly with your employer – you clarified the duration, how responsibilities will be handed over, and what happens upon return
- you have a plan, even a flexible one – it helps to know how you intend to use your time; otherwise, the period may pass without tangible results
Unpaid leave can become risky choice if:
- you don't have a concrete plan – taking leave “to see what happens” can lead to frustration or a sense of wasted time
- there are financial risks – lack of income can become stressful, especially if unexpected expenses arise
- nu ai clarificat conditiile revenirii – daca nu ai discutat inainte ce se intampla cand te intorci (pe ce post, in ce conditii), pot aparea surprize neplacute
- decizia este luata impulsiv – de exemplu, dupa o perioada dificila la job. Uneori, poate nu ai nevoie de concediu fara plata, ci de o vacaanta , de o schimbare de ritm. Conteaza sa vorbesti deschis cu angajatorul.
How to Discuss Unpaid Leave With Your Employer
The way you present your request, your tone, and the clarity of your explanation can significantly influence the answer you receive. This is not just an administrative conversation — it builds trust between your need for time and the continuity of company operations.
Start the Conversation Early
Ideally, don't wait until the last minute. The earlier you announce your plans, the more time your employer has to organize. In many teams, someone’s absence means redistributing responsibilities, which cannot happen overnight. Early notice shows respect for the team and responsibility toward your role.
Be Transparent Without Sharing Excessive Details
You do not need to disclose highly personal details. A general explanation is enough: a personal matter, a project, studies, or a need for a break. Transparency does not mean telling everything — it means being honest about what matters professionally.
Propose Solutions, Not Just a Request
One of the most important aspects is showing that you have considered the impact on the team. For example:
- you can propose a clear handover of tasks before departure
- you can suggest delegating responsibilities to a colleague willing to take over
- you can prepare a list of priorities and instructions for the absence period
This approach shows that you care about business continuity, not just your own need for time off.
How to Write an Unpaid Leave Request
Your request should include:
- your identification details (name, position)
- the period for which you request leave
- the reason (optional, but recommended)
- date and signature
Example:
“I, the undersigned, employed in the position of ..., kindly request approval for unpaid leave during the period ..., for personal reasons. Thank you.”
Even though the reason is not mandatory, mentioning it can help provide a better understanding of the situation and may increase the chances of approval. It also shows openness and professionalism, contributing to better communication with your employer.
Download the unpaid leave request template here.
Questions and Answers About Unpaid Leave
Does the employer have to approve an unpaid leave request?
No, in most cases there is no legal obligation to approve it. According to Art. 54 of the Labor Code, suspension through unpaid leave occurs “by agreement of the parties,” meaning the employer may refuse, especially if your absence would significantly impact company activity. However, a well-argued reason and good planning improve approval chances.
What does suspension of the employment contract actually mean?
According to Art. 49 of the Labor Code, suspension means that the main obligations of both parties are temporarily paused. You no longer work, and the employer no longer pays salary. It is not contract termination, but a “legal pause.”
Will my job be kept for me after unpaid leave?
Yes — this is one of the main advantages. Your contract does not end; it is suspended, meaning you have the right to return. However, clarify beforehand whether you will return to the same role or a similar one.
Does unpaid leave affect pension contributions?
Yes, directly. Since you do not receive a salary, social contributions are not paid, meaning the period is not counted toward pension contributions.
Can I work another job during unpaid leave?
In many cases, yes. Your contract is suspended, and you are not obligated to work for your current employer. However, check for non-compete clauses or other restrictions in your contract.
Can I return earlier than agreed from unpaid leave?
The employer must approve early return because the period was agreed upon jointly.
Can I extend unpaid leave?
Yes, but not automatically. A new request and employer approval are required.
Collaborate With Smartemp During Your Unpaid Leave
During unpaid leave, you may need guidance in identifying a job that suits you. In such moments, support from a team specialized in recruitment and career counseling can make a difference.
Smartemp is one of the companies with 14 years of experience on the Romanian human resources market, specializing in both recruitment and career transition counseling. Smartemp can help you:
- Identify real job opportunities aligned with your profile and salary expectations;
- Craft a competitive CV tailored to current employer requirements;
- Practice interviews to increase confidence and success
- Explore new fields where your skills are transferable for a career change
Studies from 2025 show clearly: applying early helps, applying well helps even more, and applying strategically can build long-term opportunities.
Write to us at: recrutare@smartemp.ro
Sources:
- Law No. 53/2003 – Labor Code (Art. 49, Art. 54, Art. 153, Art. 155)
- Labor Inspection – official informational materials
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