Is the employee's absence taken into account for the calculation of his leave?
Verified 23 October 2023 - Legal and Administrative Information Directorate (Prime Minister)
Yes, some periods of absence still allow you to earn paid leave if these absences are treated as actual working time. Therefore, these periods of absence are taken into account in the calculation of the number of days of your paid leave. Conversely, if your periods of absence are not considered to be actual working time, the number of days of accrued leave may be decreased based on the number of days of absence.
You are entitled to a leave of absence of 2.5 days working days per month of actual work (either 30 days working days of annual leave)
depending on your personal situation, you can benefit from additional days of paid leave.
Any period equivalent to 4 weeks or 24 days shall be treated as one month's actual work.
In order to acquire all the days of annual leave, you do not need to prove a full year's work.
However, you must justify 48 weeks actual work (including equivalent absences) during the period referred to as reference to take advantage of the 30 working days.
If you are absent during the reference period, your holiday with pay is counted as follows and according to the rule you have most favorable :
- Either in monthly statement : 2.5 working days per month of actual work
- Either in weekly statement : 2.5 working days all 4 weeks of actual work
- Either in daily statement :
- 2.5 working days for a period of 24 days of actual work
- or 20 working days if your working hours are spread over 5 days a week
- or 22 working days if your work schedule is spread over 5.5 days per week
- or 24 days if your working hours are spread over 6 days a week
Your employer must then calculate your holiday pay according to the period you are working for most favorable, either monthly, weekly or daily.
When the number of earned working days is not an integer, the duration of your leave is increased to the next larger integer.
You have earned 26.5 days of paid leave. Your vacation days are rounded to 27 days.
The period of absence which is not treated as actual working time may not lead to a reduction in leave entitlements greater than the duration of the period of absence.
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