Employer Individual: Leave of the Employee at Home
Verified 17 August 2023 - Legal and Administrative Information Directorate (Prime Minister)
An employee employed at home by an individual shall be entitled to leave under the same conditions as any other employee.
However, certain specific rules are laid down in the collective agreement.
Is the employee entitled to paid and unpaid leave? Is he entitled to leave related to the arrival of a child? Is he entitled to leave related to family events?
We are taking stock of the regulations.
Yes, the employee is entitled to paid annual leave.
Duration
The calculation of the number of days of paid leave shall be carried out in the reference period from 1er June of year N-1 to May 31 of year N.
The employee is entitled to 2.5 working days paid leave per month or 4-week period of reception completed.
- For an employee who has worked a full reference period, this period corresponds to 30 working days (or 5 weeks).
- For an employee who has not worked for 1 full reference period, leave is calculated in proportion to the number of months worked. If the result of the calculation is not an integer, the duration of the filet is rounded up to the next integer.
Example :
An employee who worked 7 months, from 1er November to May 31, is entitled to 18 days off (2.5 x 7 = 17.5 rounded to 18 days).
The number of days of paid leave may be increased depending on whether the employee has dependent children and the age of the employee.
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Employee under 21 years
The calculation of the number of days of paid leave shall be carried out in the reference period from 1er June of year N-1 to May 31 of year N.
The employee is entitled to 2.5 working days paid leave per month or 4-week period of reception completed.
- For an employee who has worked a full reference period, this period corresponds to 30 working days (or 5 weeks).
- For an employee who has not worked for 1 full reference period, leave is calculated in proportion to the number of months worked. If the result of the calculation is not an integer, the duration of the filet is rounded up to the next integer.
Employees under 21 years of age on 30 April of the previous year shall be entitled to 2 additional days of paid leave per dependent child living in the household.
If the main leave shall not exceed 6 days, the additional leave per dependent child shall be reduced to 1 day.
Example :
An employee with 2 dependent children and having acquired 30 days of paid leave can take 34 days of paid leave (30 days + 4 additional days off).
An employee with 2 dependent children and 5 days of paid leave can take 7 days (5 days + 2 additional days).
Employee aged 21 years or over
The calculation of the number of days of paid leave shall be carried out in the reference period from 1er June of year N-1 to May 31 of year N.
The employee is entitled to 2.5 working days paid leave per month or 4-week period of reception completed.
- For an employee who has worked a full reference period, this period corresponds to 30 working days (or 5 weeks).
- For an employee who has not worked for 1 full reference period, leave is calculated in proportion to the number of months worked. If the result of the calculation is not an integer, the duration of the filet is rounded up to the next integer.
If the employee has children living at home and dependent on him (i.e. under 15 years of age on 30 April of the current year or with a disability), he can benefit from an additional 2 days per child.
Total leave (cumulative annual and supplementary leave) may not exceed 30 working days.
Example :
An employee who worked 7 months, from 1er November to May 31, is entitled to 18 days off (2.5 x 7 = 17.5 rounded to 18 days).
An employee with a dependent child and 12 days off can take 14 days off (12 days + 2 additional days off).
Fixing dates
The date of departure on leave shall be fixed by the employer, unless the parties agree.
The employer must inform the employee at least 2 months in advance.
This period must be specified in the contract of employment to enable the employee to organize his holidays.
The employee must be granted 2 continuous weeks (or 12 working days during the period of 1er May to October 31, unless agreed by the parties.
When vested rights are less than 12 working days, leave must be taken in full and on a continuous basis.
Splitting and additional days for splitting
When the entitlement to leave exceeds 2 weeks, the balance may be taken during or outside the period from 1er May to October 31, within 12 working days.
Leave is taken on a continuous basis or not.
The individual employer may split the leave with the agreement of the employee.
The employee is entitled to additional days if he takes these holidays outside the period from 1er May to October 31:
- 1 day if taking between 3 and 5 days off
- 2 days if taking 6 days or more of leave
Where the employee requests to split his paid leave, the employer may grant this request provided that the employee waives these additional days of leave in writing.
The 5the The week may be attached to a period of 4 weeks (or 24 working days) if the parties agree.
The 5the week does not entitle you to additional days of leave for splitting.
Statement of paid leave
The 1er day of paid leave is 1er working day where the employee would normally have worked. The employer then counts down each working day until the day before the return to work.
Example :
An employee requests one week of paid leave. He doesn't work on Mondays, Wednesdays and Saturdays. Sunday is his weekly day off.
The 1er paid holiday is tuesday (1er working day on which the employee should have worked). The employer then counts the leave from Tuesday to the following Monday, either 6 days working days.
Please note
If the employee is off work before or during paid leave, the days of paid leave that coincide with the period of the off work are not counted.
Yes, leave for personal reasons, unpaid, may be granted at the request of the employee.
The employee is not obliged to justify his request.
An employer who refuses leave is under no obligation to justify his refusal.
This leave shall not be taken into account for the purpose of calculating the duration of annual paid leave.
An employee employed by an individual employer shall be entitled to the same leave and leave authorizations as any other employee:
- Paid absence authorization for the follow-up of pregnancy or assisted reproductive techniques
- Maternity Leave
- Paternity and childcare leave
- Adoption leave
- 3-day leave for birth or adoption
- Parental Leave full-time or part-time
FYI
in the case of birth or adoption, the employer must grant the employee 1 working day unpaid if the driver is required to travel more than 600 km round trip. To benefit from this additional day, the employee must make the request to his employer.
An employee employed by an individual employer shall be entitled to the same leave as any other employee:
- Sick Child Leave
- Parental leave
- Caregiver leave
- Family Solidarity Leave
- Occurrence of a child's disability
FYI
when announcing the occurrence of a child's disability, the employer must grant the employee 1 working day unpaid if the driver is required to travel more than 600 km round trip. To benefit from this additional day, the employee must make the request to his employer.
An employee employed by an individual employer shall be entitled to the same leave as any other employee:
FYI
On leave for family events (marriage, Civil partnerships), the employer must grant the employee 1 working day unpaid if the driver is required to travel more than 600 km round trip. To benefit from this additional day, the employee must make the request to his employer.
The employee also benefits from 1 working day off for the conclusion of a child's Civil partnership.
An employee may also obtain leave in the event of the death of a family member.
No seniority requirement is required to qualify for this leave.
The length of the leave varies according to the status of the deceased relative to the employee.
General case
Status of the deceased | Length of leave |
|---|---|
Spouse, partner of Civil partnerships: titleContent or common-law partner | 3 working days |
Father or mother | 3 working days |
Stepfather or stepmother (i.e. the father or mother of the spouse) | 3 working days |
Brother or sister | 3 working days |
Direct descendant (grandchild, great grandchild) | 1 working day |
Direct Ascending (grandparent, great grandparent) | 1 working day |
Other family member | No day off. However, the contract of employment may provide for leave in the event of the death of other members of the family. |
The employee takes his leave at the time of the event. It can also be taken in the days surrounding the event with the agreement of the employer. The employee shall be paid during this leave.
On leave for family events (marriage, Civil partnerships), the employer must grant the employee an additional 1 working day without pay if the employee is obliged to travel more than 600 km round trip. To benefit from this additional day, the employee must make the request to his employer.
Days of absence are counted in working days.
A longer duration may be provided for in the contract of employment.
Death of child
The employee shall be entitled to 12 days working days or a longer period if the contract of employment so provides.
The employee shall be entitled to 14 days in the event of the death of one of the following persons:
- Child under 25 years
- Child, regardless of age, if he was a parent himself
- Person under 25 years of age at the effective and permanent load of the employee
The employee takes his leave at the time of the event. It can also be taken in the days surrounding the event with the agreement of the employer. The employee shall be paid during this leave.
FYI
when the employee requests it, the employer must give him 1 day workable unpaid if the driver is required to travel more than 600 km round trip.
Bereavement Leave
In the event of the death of a child under the age of 25, the employee is also entitled to additional leave, says bereavement leave of a duration of 8 days working days .
The bereavement leave also applies in the event of the death of a person under 25 years of age at the effective and permanent load of the employee.
Bereavement leave can be taken in 2 periods. Each period shall last at least 1 day.
The employee shall inform his employer at the latest 24 hours before the start of each period of leave.
The employee must take bereavement leave within one year of the child's death.
Yes, leave of absence is granted to the employee aged 18 to 25 to participate in this day.
The employee is paid.
This day shall be taken into account for the calculation of holiday pay and seniority.
Yes, the employee is entitled to leave to attend the welcoming ceremony in french citizenship.
The duration of this leave is fixed at half a day. It must be taken when the ceremony is held.
The employee whose spouse is the person concerned by the welcoming ceremony into French citizenship also benefits from this right.
Please note
the duration of such leave shall be treated as actual working time for the purpose of determining entitlement to paid leave and seniority.
Disputes shall fall within the jurisdiction of the prud'homme council the place of residence of the individual employer.
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Labor Code provisions applicable to domestic workers (Article L7221-2)
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