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Paid Leave

Verified 28 octobre 2021 - Legal and Administrative Information Directorate (Prime Minister)

Every employee is entitled to days of leave with pay by his employer. The length of the leave varies according to the employee's vested rights. Leave departures are subject to the agreement of the employer. Paid leave days can be taken on a split basis (i.e., taken in multiple cases), when the employee's leave is greater than 12 business days.

Every employee shall be entitled to paid leave every year irrespective of his employment contract (CDI, CDD or acting contract), its working time (full or part-time) and its seniority.

Upon hiring, an employee may be granted days off, with the agreement of his employer.

Whether the employee works full-time or part-time, he or she acquires 2.5 business days per month actual work with 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 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 :

An employee who has worked 5 months during the year must be granted leave of 2.5 × 5 = 12.5 rounded to 13 working days.

The employer may calculate the days of leave in working days. In this case, this method of calculation must ensure that the employee has leave entitlements at least equal to those calculated in working days.

For accrual of paid leave, reference period is fixed from 1to June of the previous year to May 31 of the current year.

However, different dates may be set by the collective agreement or a company agreement.

Some companies are obliged to join a paid holiday fund (companies of the TPP sectors, shows...).

In this case, the reference period shall be 1to April of the previous year to March 31 of the current year.

General case

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 period of leave according to the employee's age, seniority or disability.

Employee with dependent children

An employee over the age of 21 on April 30 of the previous year shall be granted 2 additional days of paid leave by dependent child, up to 30 business days leave (annual leave and accumulated additional leave).

Example :

An employee, with a dependent child and 12 days off, may take 14 days off.

A child is considered dependent if he or she meets one of the following conditions:

  • Either he lives at home and is under 15 at April 30 of the current year
  • Either he lives at home and is disabled (no age condition)

Employee under 21

An employee under the age of 21 on April 30 of the previous year is entitled to 30 working days of vacation leave (annual leave and cumulative additional leave) if requested.

Example :

if the employee has only 12 days of paid leave, he or she can still take 30 days off. Days taken beyond the 12 days of leave will not be compensated.

  Please note : any employee under the age of 21 on april 30 of the previous year shall be granted 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.

When can I take my leave?

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.

How many days of paid vacation can you apply at once?

Employee may not ask more than 24 business days consecutive holidays (4 weeks).

It's called the master.

However, the employer may grant the employee longer leave if the employee justifies:

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

Who sets the date of leave departures?

The date of departure for leave is fixed:

The employee shall inform the employer of the dates of leave he wishes to take.

The employer may refuse to grant the employee the desired leave dates.

The leave is then taken on another date.

The employer may also require the employee to take days off (in case of temporary closure of company in particular.

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

The employer cannot change the employee's leave dates.

However, in exceptional circumstances (company having to face an exceptional order, replacement of a deceased employee, etc.), the employer may postpone the employee's leave.

The employer must then notify the employee at least 1 before posting.

Who determines the order of leave departures?

In determining the order of departures, the employer must take into account the following criteria (except other criteria 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 employer
  • Activity with one or more other employers

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

  Please note : employees who are married or linked to a Civil partnership working in the same company are entitled to simultaneous leave.

The 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).

The employee may be granted additional leave days split days, subject to:

Period May 1 to October 31

Employee must take leave of at least 12 business days (or 2 weeks) over the period from 1to May to October 31.

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 the employee does not take all of his master for 4 weeks during the legal period (from 1 May to 31 October), he can benefit from additional days for splitting.

These additional days are granted under the following conditions:

  • 1 working day (if he takes between 3 and 5 days off outside this period)
  • 2 working days if he takes 6 minimum days off outside this period

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

The employee is not allowed to work during his or her vacation.

However, he may be hired by harvest contract during his paid vacation.

During the leave, the employee receives vacation pay.

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