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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.

Tableau - Periods which may or may not be regarded as actual working time

Assimilated periods

Non-assimilated periods

Except treaty provisions more favorable, the periods not taken into account include the following:

  • Strike
  • Full-time parental leave
  • Parental leave
  • Family Solidarity Leave
  • Layoff
  • Sabbatical
  • Unpaid leave

    • 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)

    Please note

    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.

    Example :

    You have earned 26.5 days of paid leave. Your vacation days are rounded to 27 days.

    Please note

    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.

    Who can help me?

    Find who can answer your questions in your region

    • Telephone administrative information - Allo Public Service

      The informants who answer you belong to the ministry responsible for labor.

      Cost: free service

      Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.

      The service is available at the following times:

      • Monday: 8.30am to 5.30pm
      • Tuesday: 8:30 to 12:15
      • Wednesday: 8:30 to 12:15
      • Thursday: 8.30am to 5.30pm
      • Friday: 1 p.m. to 4:15 p.m

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