Can the employee take paid leave during notice?
Verified 15 February 2022 - Directorate for Legal and Administrative Information (Prime Minister)
Yes, the employee can take paid leave during notice (dismissal, resignation or retirement).
Whether paid leave was scheduled before or after the notification of termination of the contract of employment, the consequences for the notice are different.
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Period of holiday with pay fixed before the notice of termination
When the leave has already been validated by the employer, the employee takes the leave on the scheduled dates.
The notice is suspended during the employee's leave.
The notice shall then be extended by 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.
Paid leave remaining at the end of the notice period will be compensated in the form of a compensatory allowance for paid leave.
No period of paid leave fixed at the time of notification of termination
Neither the employer nor the employee may impose the taking of leave.
It is agreed between the employee and the employer.
The notice shall not be suspended by the paid leave unless the employer and the employee agree otherwise.
To avoid any dispute, it is preferable to finalize this agreement in writing.
Closing the PTO company
The employee on notice may be required to take leave due to the company's closure.
In this case, the notice shall not be suspended and shall therefore not be extended for the duration of the leave.
The employee shall receive the following allowances:
- Compensation for the period of notice that he was unable to make
- Compensatory allowance for paid leave corresponding to the period of closure of the company due to annual leave
if the employee's employment contract is broken during his or her leave, the period of notice shall begin at the end of his or her leave.
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- Labor Code: Articles L1234-1 to L1234-8Notice and compensation for notice
- Labor Code: Article L1237-1Resignation and notice
- Labor Code: Article D3141-3Advance notice and leave