Public holiday during an employee's leave: what are the rules?
Verified 05 November 2021 - Directorate for Legal and Administrative Information (Prime Minister)
The inclusion of a holiday in the holiday statement depends on the opening of the company on that day.
The counting of a public holiday during the employee's leave shall be carried out as follows:
Usually non-working holiday in the company
The holiday is not counted as holiday pay.
Your employer has the right to choose to deduct leave in working days or working days.
Count in working days
A week in working days includes all days of the week except the weekly rest (usually Sunday), or 6 days.
Example 1 : an employee is on leave from July 12 to 18, 2021, and July 14 is unemployed person usually in the company. On July 14 falling on a Wednesday, this day is not counted: the employee poses 5 days holidays (Monday 12, Tuesday 13, Thursday 15, Friday 16 and Saturday 17 July).
Example 2 : an employee is on leave from December 20 to 26, 2021, and December 25 is unemployed person usually in the company. On December 25 falling on a Saturday, this day is not counted: the employee poses 5 days of holidays (Monday 20, Tuesday 21, Wednesday 22, Thursday 23 and Friday 24 December).
Please note
the employer is not obliged to indicate on the pay slip how the leave is to be taken. However, the collective agreement applicable to the company can specify whether the number of paid holidays is calculated in working days or working days.
Count in working days
A week in working days typically includes Monday, Tuesday, Wednesday, Thursday, and Friday (if the company is open on Saturday and closes on Monday, the working days are Tuesday through Saturday), or 5 days.
Example 1 : an employee is on leave from July 12 to 18, 2021, and July 14 is usually unemployed person in the company. On July 14 falling on a Wednesday, this day is not counted: the employee poses 4 days of holidays (Monday 12, Tuesday 13, Thursday 15 and Friday 16 July).
Example 2 : an employee is on leave from December 20 to 26, 2021, and December 25 is unemployed person usually in the company. On December 25th falling on a Saturday, the company opening from Monday to Friday, this day is not counted: the employee poses 5 days of holidays (Monday 20, Tuesday 21, Wednesday 22, Thursday 23 and Friday 24 December).
The leave deducted in working days must guarantee the employee rights at least equal to those provided for in the case of calculation in working days.
Please note
the employer is not obliged to indicate on the pay slip how the leave is to be taken. However, the collective agreement applicable to the company can specify whether the number of paid holidays is calculated in working days or working days.
Holiday usually worked in the company
The holiday is counted as holiday pay.
Your employer has the right to choose to deduct leave in working days or working days.
Count in working days
A week in working days includes all days of the week except the weekly rest (usually Sunday), or 6 days.
Example 1 : An employee is on leave from July 12 to 18, 2021, and July 14 is usually employed in the company. On 14 July falling on a Wednesday (the working day usually worked in the company), this day is counted: the employee poses 6 days holidays (Monday 12, Tuesday 13, Wednesday 14, Thursday 15, Friday 16 and Saturday 17 July).
Example 2 : An employee is on leave from December 20 to 26, 2021, and December 25 is usually employed in the company. As 25 December falls on a Saturday (the working day usually worked in the company), this day is counted: the employee poses 6 days holidays (Monday 20, Tuesday 21, Wednesday 22, Thursday 23, Friday 24 and Saturday 25 December).
Please note
the employer is not obliged to indicate on the pay slip how the leave is to be taken. However, the collective agreement applicable to the company can specify whether the number of paid holidays is calculated in working days or working days.
Count in working days
A week in working days typically includes Monday, Tuesday, Wednesday, Thursday, and Friday (if the company is open on Saturday and closes on Monday, the working days are Tuesday through Saturday), or 5 days.
Example 1 : An employee is on leave from July 12 to 18, 2021, and July 14 is usually employed in the company. On 14 July falling on a Wednesday (the working day usually worked in the company), this day is counted: the employee poses 5 days of holidays (Monday 12, Tuesday 13, Wednesday 14, Thursday 15 and Friday 16 July).
Example 2 : an employee is on leave from December 20 to 26, 2021, and December 25 is usually employed in the company. Since December 25 falls on a Saturday (the working day usually worked in the company), the company opens from Monday to Friday, this day is counted: the employee poses 5 days of holidays (Monday 20, Tuesday 21, Wednesday 22, Thursday 23 and Friday 24 December).
The leave deducted in working days must guarantee the employee rights at least equal to those provided for in the case of calculation in working days.
Please note
the employer is not obliged to indicate on the pay slip how the leave is to be taken. However, the collective agreement applicable to the company can specify whether the number of paid holidays is calculated in working days or working days.
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry responsible for labor.
Cost: free service
Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- Lundi : de 08h30 à 17h30
- Mardi : de 08h30 à 12h15
- Mercredi : de 08h30 à 12h15
- Jeudi : de 08h30 à 17h30
- Vendredi : de 13h00 à 16h15
Length of leave - Public policy (Article L3141-3)