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Can the employee take paid leave during notice?

Verified 15 February 2022 - Legal and Administrative Information Directorate (Prime Minister)

Yes, employees may take paid leave during their notice period (termination, resignation or retirement).

Depending on whether leave with pay was provided before or after notification the impact on notice is different.

Planned prior to notification of failure

When the leave has already been validated by the employer, the employee shall take the leave on the scheduled dates.

Notice is suspended during employee leave.

The notice shall then be extended for a period equivalent to the number of days of leave taken.

If the employer and the employee agree, it is possible to cancel the leave so that the notice is not extended.

Leave with pay remaining at the end of the notice will be compensated by vacation compensation.

Planned After

Neither the employer nor the employee can impose the taking of leave.

It shall be agreed between the employee and the employer.

It is also agreed that the fate of the notice is determined: suspended or not.

To avoid litigation, it is preferable to finalise this agreement in writing.

Closing company for Paid Leave

The employee may be required to take leave of absence due to the closure of the company.

In this case, the notice is not suspended and is therefore not extended by the duration of the leave.

The employee shall receive the following allowances:

  • Compensation for the period of notice that he was unable to provide
  • Compensation for paid leave corresponding to the length of time the company is closed due to annual leave

Please note

if the employee's employment contract is broken during the leave period, the notice period will begin at the end of the leave.