Summary
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Are all employees entitled to paid holidays?
Yes. Since June 1, 2012, it is no longer necessary to have completed at least 10 days of actual work to be entitled to paid leave.
What is their duration?
Every employee has the right to 2.5 working days per month of work performed.
The duration of this leave cannot exceed 30 working days (i.e. 5 weeks) per full year of work.
Additional days off are allocated:
- to mothers under 21 on April 30 of the previous year: 2 days per dependent child under 15;
- young workers and apprentices under the age of 21 on April 30 of the previous year: they are entitled to 30 working days, even if they have not worked the necessary time during the reference period (from June 1 of previous calendar year to May 31 of the current calendar year);
- when the employer splits the leave.
How are holidays calculated?
Days off are counted as working days that is to say every day of the week, with the exception of Sunday (or the weekly rest day if it is different) and non-working public holidays.
Note: some companies calculate holidays in working days. The 30 working days then become 25 working days (5 weeks multiplied by 5 working days).
If the start of the vacation is a Friday night, the first Saturday does not count. The holiday begins on Monday.
If a holiday falls during the leave, this is extended by 24 hours, even if this day corresponds to the usual rest day in the company. But a bridge day is considered a working day and does not entitle you to additional leave, unless otherwise provided in the collective agreement.
If you fall ill while on vacation?
If the employee falls ill before the first day off, normally the days off cannot be made up once they have been fixed by the employer. Generally, however, the employee can postpone vacation after healing.
If he gets sick during his leave, he is not entitled to additional days and cannot extend his leave. But he can accumulate allowances leave paid with daily allowances from Social Security.
However, it is not possible to combine the paid vacation allowance and the conventional sickness allowances payable by the employer in the form of total or partial maintenance of the salary.
How are leave dates set?
It is the employer who decides with the advice of the staff representative.
the main leave must be taken between May 1 and October 31.
The postponement of paid leave beyond the annual framework is possible by collective agreement when the employee’s working time is counted by the year. The order of departures takes into account the family situation of the employees but also their activity with other employers if necessary for part-time employees.
The employer can modify the dates of departure on leave up to 1 month before the scheduled departure date, but he must then reimburse the employee for the costs he has already incurred (rental, plane ticket, etc.).
Note: new employees can, with the agreement of the employer, benefit from their leave as soon as their rights are acquired, without waiting for the end of the reference period.
Can the main leave be taken in several instalments?
Yes, but you must:
- the written consent of the employee;
- the leave is for more than 12 working days;
- that at least 12 working days are taken between May 1 and October 31. The remaining days can be taken in one or more instalments.
For days taken between October 31 and May 1, additional days are granted when the split is at the initiative of the employer:
- 2 working days for 6 days of main leave or more taken during this period;
- 1 day for 3 to 5 days of the main leave taken during this period.
But we can only take advantage of it:
- if the collective agreement or a company agreement does not provide for contrary provisions;
- if the employee has not signed a waiver of this benefit.
No additional days are granted for the 5th week.
In principle, one should not take more than 24 days (4 weeks) in a row: the leave must be taken in at least 2 installments except for employees with special constraints (foreigners traveling to their country of origin for holidays, for example).
C. work. : Art. L. 3141-1 to L. 3141-21, L. 3164-9, D. 3141-1 to D. 3141-37
Our tips:
By means of a convention or a collective agreement, a company can offer the benefit of a time savings account (CET) to its employees.