Paid Leave
Verified 29 November 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Do you have right paid leave? What is the duration paid leave? When take paid leave? Who sets the date from leave? Can you take your leave? in several steps ? What are you like? paid during your paid leave? We explain your rights and obligations.
Yes, all employees right every year paid leave.
You are entitled to paid leave regardless of your contract working (DTA: titleContent, CSD: titleContent or temporary employment contract).
You are entitled to the paid leave you work full-time or part-time.
You receive paid leave from the moment you are hired by the company, regardless of your seniority, if you obtain the agreement of your employer.
Whether you work full-time or part-time, you benefit from 2.5 working days per month of actual work in the same employer.
This corresponds to 30 working days (5 weeks) for a full year of work.
Some absences shall be taken into account for the calculation of leave days.
When the number of accrued leave days is not an integer, the duration of the leave is increased to the next larger integer.
Example :
You have worked 5 months during the year, you receive a leave of 2.5 × 5 = 12.5, rounded to 13 working days.
Your employer can calculate vacation days in working days. In this case, this method of calculation must guarantee you leave entitlements at least equal to those calculated in working days.
For the accrual of paid leave, the reference period is fixed of 1er June of previous year to May 31 of current year.
However, different dates may be set by treaty provisions, collective agreement or collective company agreement.
Please note
some companies are required to join a paid leave fund (companies in the construction and entertainment sectors). In this case, the reference period shall be 1er April of the previous year to March 31 of the current year.
The rules vary depending on your situation:
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You are an employee over the age of 21 and you have dependent children
If you are an employee over the age of 21 on April 30 of the year before your paid holidays, you can benefit from 2 additional days of paid leave by dependent child (up to 30 working days).
Example :
You are an employee with a dependent child and 12 days off. You can then take 14 days off, or 2 additional days off.
Your child is considered dependant if it fulfills any of the following conditions:
- Either he lives at home and is under the age of 15 as of April 30 of the current year
- Either he lives in the home and is disabled (no age condition)
You are an employee under the age of 21
If you are under the age of 21 on April 30 of the previous year, you are entitled, if you ask your employer, to a leave of absence of 30 working days (cumulative annual and additional leave).
Example :
If you only have 12 days of paid leave, you can still take 30 days of leave. Days taken in excess of his 12 days leave will not be compensated.
Any employee under the age of 21 on April 30 of the previous year shall be entitled to 2 additional days of leave per dependent child. If the earned leave does not exceed 6 days, the additional leave is reduced to 1 day.
Other situation
Of treaty provisions, the employment contract or a use may provide for a more favorable calculation of leave than the legal duration.
A collective agreement or a company agreement may increase the period of leave depending on the age, seniority or disability of the employee.
The period of paid leave may or may not extend throughout the year.
In any case, it includes obligatory the legal period of 1er May to October 31.
The period for taking paid leave shall be:
- Either by collective agreement or a company agreement
- Or, in the absence of an agreement, by the employer, after the Social and Economic Committee (ESC)
It shall be made known to employees at least 2 months before the opening of the period.
You can't ask more than 24 working daysconsecutive leave (i.e. 4 weeks).
This is called the main leave.
However, your employer may grant you a longer leave because of one of the following situations:
- Or particular geographical constraints
- The presence in the home of a disabled person or an elderly person who is losing independence
The date of departure on leave shall be fixed:
- Either by collective agreement or a company agreement
- Or, in the absence of an agreement, by your employer, after the Social and Economic Committee (ESC)
You inform your employer of the leave dates you want to take.
Your employer may refuse to grant you the desired leave dates.
You then take your leave on another date.
Your employer may require you to take days off in case of temporary closure of the company.
Your employer must inform each employee of the date of departure on leave.
The date of departure shall be communicated to each employee, at least by any means 1 month in advance, on premises normally accessible to employees.
Your employer cannot change your leave dates after you have granted them.
However, in exceptional circumstances (company facing an exceptional order, replacement of a deceased employee, etc.), your employer can then postpone your leave.
Your employer should at least notify you 1 month before the postponement.
Your employer set thedeparture order leave of employees.
In order to set the departure order, your employer must take into account the criteria (unless other criteria are set out in the collective agreement or company agreement):
- Family status of beneficiaries (presence in the home of a disabled person or an elderly person who is losing their independence, etc.)
- Length of service with the employer
- Activity with one or more other employers
The order of vacation departures is news release to each employee, by any means, at least 1 month in advance, in premises normally accessible to employees.
Please note
employees married or linked by a Civil partnership working in the same company are entitled to leave simultaneous.
Yes, your main leave (i.e. maximum 4 consecutive weeks) may not be taken in its entirety during the statutory period of leave (of 1er May to October 31). The primary filet is then split (i.e. taken in several steps).
You can then benefit from additional days of leave called split days, subject to:
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Period from 1 May to 31 October
You must take a leave of absence of at least 12 working days (i.e. 2 weeks) for the period from 1er May to October 31 of the current year.
This leave must be taken continuously. It cannot be split.
These minimum 12 working days shall be taken at a fixed period:
- Either by company or establishment agreement or branch agreement
- Or, in the absence of an applicable agreement or convention, obligatorily between 1er may to october 31 of each year
Period from 1 November to 30 April
If you do not take all of your main leave 4 weeks during the legal dosing period (from 1er may to october 31), you can then take additional days off for splitting.
These additional days shall be granted under the following conditions:
- 1 working day (if you take between 3 and 5 days off outside the legal period of 1er May to October 31)
- 2 working days ( if you take a minimum of 6 days off outside the legal period of 1er May to October 31)
the collective agreement or the company or establishment agreement shall lay down the rules for the application of the days of splitting.
No, you're not allowed to work during your leave.
However, you can be hired by harvest contract during your paid holidays.
No, during your leave, you are not paid. However, you do get a paid leave allowance.
All amounts in the nature of salary are taken into account in determining the holiday pay (basic salary, seniority pay, attendance pay, etc.).
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
- Labor Code: Articles L3141-1 to L3141-2Right to leave
- Labor Code: Articles L3141-3 to L3141-9Length of leave (public policy)
- Labor Code: Article L3141-10Length of leave (scope of collective bargaining)
- Labor Code: Article L3141-11Length of leave (supplementary provisions)
- Labor Code: Articles L3141-12 to L3141-14Leave period and departure order (public policy)
- Labor Code: Article L3141-15Leave period and departure order (collective bargaining field)
- Labor Code: Article L3141-16Leave period and departure order (supplementary provisions)
- Labor Code: Articles L3141-17 to L3141-20Leave splitting (public policy)
- Labor Code: Article L3141-21Leave Split (Collective Bargaining Field)
- Labor Code: Article L3141-23Leave Split (Supplementary Arrangements)
- Labor Code: Article L3164-9Employees under 21 (annual leave)
- Rural and Maritime Fisheries Code: Articles L718-4 to L718-6Harvest contracts
- Labor Code: Articles D3141-1 and D3141-2Situation of the employee during the leave (public policy)
- Labor Code: Article D3141-3Length of leave (public policy)
- Labor Code: Article R3141-4Length of leave (supplementary provisions)
- Labor Code: Articles D3141-5 and D3141-6Leave period and departure order (public policy)
- Claim paid leave
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FAQ
- How do I calculate the employee's PTO?
- Company closure for annual leave: is the employee compensated?
- Can an employee carry forward untaken vacation days to the following year?
- Can an employer refuse leave requested by the employee?
- Is the employee's absence taken into account for the calculation of his leave?
- How to benefit from the SNCF annual leave ticket at a reduced rate?
- Can the employee take paid leave during notice?
- Are you entitled to paid leave during a CDD?
- Public holiday during an employee's leave: what are the rules?
- Does a European national employed in France have the same rights as a French employee?