Preamble
All employees, regardless of the length of their contract, working hours and seniority, are entitled to paid leave days from their employer. Every employee is entitled to 25 working days (5 weeks) each year – i.e. 30 working days.
1. A right exercised in kind
The right to paid leave must be exercised in kind. Thus, the employer has the obligation to grant employees their leave. The latter are nevertheless obliged to take them.
The parties cannot therefore agree to replace the exercise of the leave by the payment of compensation.
It is only in the case of termination of the employment contract that the employee can be paid for his or her untaken leave, through the compensation for paid leave.
2. Splitting leave
Employees who do not take their main leave (24 working days or 4 weeks) during the reference period from 1 May to 31 October must be allocated additional days of leave.
In the absence of a stipulation in the company or establishment agreement or branch agreement, it is the law that sets the number of additional leaves to which the employee is entitled, such as:
- 1 additional working day when the employee takes 3 to 5 days of leave outside the period from 1 May to 31 October.
- 2 additional working days when taking at least 6 days outside the same period.
Please note that taking the 5th week of paid leave or conventional leave outside the period from 1 May to 31 October does not in principle entitle you to additional leave. Thus, days of leave beyond the main leave of 24 working days are not taken into account for the entitlement to this supplement.
3. The take-and-carry period
The period for taking leave is set by collective agreement, or, failing that, by the employer and must include a period set by the Labour Code (1 May to 31 October). On the other hand, the vesting period runs from 1 June of year N to 31 May of year N+1.
In principle, paid leave must be taken during this period, or it will be lost on 1 June of year N+1, provided that the employer has fulfilled its leave obligations.
However, by custom, company agreement or if the collective agreement so provides, the remainder of the untaken paid leave may be carried over to the following year.
An employee may take paid leave already earned in advance, without waiting for the period of taking to begin, provided that the employer agrees. The employer will not be able to require the employee to take paid leave in advance.
For example, an employee hired on September 1, 2024, can benefit from 5 days of leave from December 1, 2024, without having to wait for the start of the paid leave period, i.e. June 1, 2025.
4. The employer’s obligations
The employer is obliged to take the necessary measures to allow employees to take their leave.
It must prove that it has complied with the following obligations:
- Employees must be informed of the period of leave at least 2 months before the start of this period.
- Communication of the order of leave departures to each employee one month before his/her departure
- Formal notice to the employee to take his/her leave, and to have him/her take at least 12 continuous working days in the period from May 1 to October 31 of each year.
If the employer fails to fulfil its obligations, it may be ordered to compensate the employee for the damage suffered.
5. The risk of a high balance
A high balance of paid leave poses risks for the employer. This shows that the employee was not able to take his/her leave and that he/she did not exercise his/her right to rest.
The employer may be ordered to pay him/her damages and interest and may be held liable in the event of an accident at work or occupational disease.
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This fact sheet contains summary information. Please contact us for advice tailored to your situation. We cannot be held responsible for misinterpretation.
Contact
Claire APPELGHEM
Hear of HR/Employment Law
Claire.appelghem@groupe-aplitec.com
01 40 40 38 38