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Paid Leaves

Verified 29 November 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Have you right paid leave? What is duration paid leave? When take paid leave? That sets the date from departure to leave? Can you take your time off? in multiple ? How are you? paid during your paid vacation? We explain your rights and obligations.

Yes, any employee right every year paid leave.

You have paid vacation no matter what your contract is workingCDI: titleContent, CDD: titleContent or acting contract).

You have the paid vacation you work full-time or part-time.

You receive paid leave from the moment you are hired in the company, regardless of your seniority, if you get the agreement of your employer.

Whether you work full-time or part-time, you get 2.5 business days per month actual work at even employer.

This corresponds to 30 working days (5 weeks) for full year work.

Some Absences shall be taken into account for the calculation of the days of leave.

When the number of days of earned leave is not an integer, the duration of the leave is increased to the next higher integer.

Example :

You have worked 5 months during the year, you benefit from a leave of 2.5 × 5 = 12.5, rounded to 13 working days.

Your employer can calculate the days off 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 accrual of paid leave, reference period is fixed 1to June of the previous year to May 31 of the 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 holiday fund (companies of the TPP, entertainment sectors). In this case, the reference period shall be 1to 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 at April 30 of the year before your paid vacation days, you can benefit from 2 days of additional paid leave by dependent child (up to 30 business days).

Example :

You are an employee with a dependent child and have 12 days off. You can then take 14 days off, or 2 additional days off.

Your child is considered dependent if it satisfies any of the following conditions:

  • Either he lives at home and is under 15 at 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 to a leave of absence of 30 years if you request it from your employer business days (accumulated annual and additional leave).

Example :

If you have only 12 days of paid leave, you can still take 30 days off. Days taken beyond the 12 days of leave will not be compensated.

An employee under the age of 21 on April 30 of the previous year shall be granted 2 additional days off by dependent child. If the earned leave does not exceed 6 days, the additional leave is reduced to 1 day.

Other

Of treaty provisions, the employment contract or use may provide for a more favourable calculation of leave than the statutory period.

The collective agreement or a company agreement may increase the length of leave based on the employee's age, seniority or disability.

The time period for taking paid leave may or may not extend throughout the year.

In any case, it shall obligatory the legal period of 1to May to October 31.

The period for taking paid leave shall be:

It shall be made known to employees at least 2 months before the opening of the period.

You can't put more than 24 business daysconsecutive holidays (4 weeks).

It's called the master.

However, your employer may grant you longer leave because of one of the following:

  • Or special geographical constraints
  • The presence in the home of a disabled person or an elderly person who has lost their independence

The date of departure for leave shall be:

You inform your employer of the holiday dates you wish to take.

Your employer may refuse to grant you the desired holiday dates.

You will then take your leave on another date.

Your employer may require you to take days off in case of temporary closure of company.

Your employer must inform each employee of the scheduled departure date.

The date of departure shall be communicated to each employee by any means, at least 1 month in advance, in premises normally accessible to employees.

Your employer cannot change your leave dates after you have granted them.

However, in exceptional circumstances (company having to deal with an exceptional order, replacement of a deceased employee, etc.), your employer can postpone your leave.

Your employer must notify you at least 1 month before posting.

Your employer setdeparture order on employee leave.

In determining the order of departures, your employer must consider the criteria (unless other criteria are established by the collective agreement or a company agreement):

  • Family status of beneficiaries (presence in the household of a disabled person or a elderly person who has lost independence, etc.)
  • Length of service with the employer
  • Activity with one or more other employers

The order of leave departures is statement 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 Civil partnerships working in same company shall be entitled to leave simultaneous.

Yes, your master (i.e. maximum 4 consecutive weeks) may not be taken in its entirety during the statutory period of leave (of 1to May to October 31). The main leave is then split (i.e. taken in several times).

You can then take advantage of additional days off split days, subject to:

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Period May 1 to October 31

You must take a minimum of 12 business days (or 2 weeks) for the period from 1to 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 1to May to October 31 of each year

Period November 1 to April 30

If you don't take all of your master of 4 weeks during the legal catch period (of 1to May to October 31), you can then benefit from additional days off for splitting.

These additional days are granted under the following conditions:

  • 1 working day (if you take between 3 and 5 days off outside the legal period of 1to May to October 31)
  • 2 working days (if you take 6 minimum days off outside the legal period of 1to May to October 31)

the collective agreement or the company or establishment agreement sets out the rules for the application of the split days.

No, you are not allowed to work during your vacation.

However, you can be hired by harvest contract during your paid vacation.

No, during your vacation, you're not paid. However, you perceive a vacation pay.

All amounts having the salary character are taken into account in determining the vacation pay (basic salary, seniority bonus, attendance bonus, etc.).

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