Paid Leave

Verified 10 April 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Do you have right paid leave during your employment contract? What is the duration of your paid leave? When can you take your paid leave? Who sets the date leave with pay? Can you take your paid leave? in several steps ? What are you like? paid during your paid leave? We explain your rights and obligations.

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 that you worked full-time or part-time.

You are entitled to paid leave as soon as you are hired in the companyregardless of your seniority, if you get 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.

Menstrual periods vary depending on your situation (age, dependent child).

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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.

The collective agreement or a collective company agreement may increase the duration 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 all cases, leave is taken in the period of 1er May to October 31 of each year.

The period for taking paid leave shall be:

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

You can't ask more than 24 working days consecutive 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 because of specific geographical constraints (your family lives, for example, overseas)
  • Or because of the presence in your home of a person with a disability or a senior who is losing independence

The date of departure on leave shall be fixed:

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

Your employer may refuse to grant you the desired leave dates. You must 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 laid down in the collective agreement or a collective 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 of the current year to 31 october of the following year).

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 of the year 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 the collective agreement or a collective company 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 a collective company agreement sets the rules for applying split days.

No, you're not allowed to work during your leave.

But there is an exception: 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.).

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