Preamble
As the organization of taking leave for the summer holidays approaches, it may be necessary to know how to manage the splitting of paid leave. In practice, it is quite rare for employees to take 4 weeks of leave during the summer and a balance of leave can be kept by employees that will be taken later. So, how can you best manage the leave of your employees? Will they be owed additional leave?
We take stock of the various questions in the management of the splitting of paid leave.
1. Definition of splitting
Each employee is entitled to 2.5 working days of paid leave per month, totaling 30 working days (5 weeks) per year. However, the 30 days cannot be taken in one go. The maximum duration of leave that can be taken at once is 24 working days, unless there is a derogation for specific geographical or family reasons. Thus, a main leave can last up to 4 weeks, with a fifth week of paid leave to be taken separately.
If the main leave is less than 12 working days, it must be taken in one go, otherwise it can be split with the employee’s agreement, except during the period when the establishment is closed.
In this case, the employee may, under certain conditions, benefit from additional days of leave, known as the split day.
2. Is the interview mandatory, otherwise why set it up ?
There is no legal obligation to conduct this annual appraisal interview, unless the collective agreement provides for it. However, if it is implemented, all employees must benefit from it.
Even if this interview is not mandatory, it has its necessity and its advantages:
- Performance Appraisal: Annual reviews are used to evaluate employees’ performance over the past year. This provides an opportunity to recognize outstanding achievements and identify areas for improvement.
- Professional Development: These interviews promote the development of employees’ skills and careers. They help identify short- and long-term career goals, as well as the training needed to achieve them.
- Communication and Feedback: Annual reviews encourage open communication and a constructive exchange of feedback between employer and employee. This strengthens the relationship, resolves potential problems, and maintains a positive work climate.
- Alignment with Company Goals: Annual reviews help align individual goals and performance with the company’s overall strategy. This ensures that every employee contributes significantly to the organization’s successes.
3. Granting additional days for splitting
2.1 The allocation of additional leave for splitting
When employees take part of their main leave (minimum 12 continuous days) outside the period set by law from 1 May to 31 October, they are entitled, under certain conditions, to additional days of splitting.
Thus, the granting of leave for splitting is based on the fact that you do not take all of your main leave (24 working days out of the 30 annual days) over the period from 1 May to 31 October. Thus, potentially, 12 working days, in addition to the 5th week of leave, can be taken after this date.
The company or establishment agreement or, failing that, the branch agreement, defines the rules for splitting leave beyond 12 days. Thus, a company agreement or, failing that, a collective agreement may remove any right to split days or modify the number of days.
In the absence of a stipulation, it is the law that sets the number of additional days 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 give you 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.
2.2 The nature of the additional days for splitting
The additional days of leave for the purpose of splitting have the same nature as paid leave. Thus, the employee receives a paid holiday allowance when he or she takes his or her additional days.
In the event of dismissal, the split days that could not be taken must be included in the calculation of the compensation for paid leave.
3. Illustrations
Hypothesis of an employee, not covered by an agreement on splitting, who has 30 working days of leave per year, including 24 days of main leave.
- If the employee takes 24 days in July and August and his 5th week in March: he/she has no additional day of leave
- If the employee takes 22 days in July, 2 days in December and his/her 5th week in March: he/she has no right to additional leave
- If the employee takes 19 days in July and August, 5 days in December and his 5th week in March: he/she is entitled to 1 additional day for splitting
Hypothesis of an employee, not covered by a company agreement, who arrived during the year and has 18 working days of paid leave:
- If the employee takes 17 days in July and 1 day in November: he or she has no additional days of leave for splitting;
- If the employee takes 14 days in September and 4 days in December: he or she is entitled to 1 day of leave for splitting.
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This sheet contains summarized information. Please contact us for advice tailored to your situation. We cannot be held responsible for misinterpretation.
For information, our employment law department can assist you in drafting a company agreement for the split leave. Do not hesitate to contact to us.
Contact
Claire APPELGHEM
Hear of HR/Employment Law
Claire.appelghem@groupe-aplitec.com
01 40 40 38 38