Leave in the private sector

Can you postpone your untaken paid leave after May 31?

Publié le 15 mai 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Are you an employee of the private sector? If you have any accrued leave for the period from 1er june 2022 to may 31, 2023, you must take them before may 31, 2024. If you wish to postpone them, it is possible, but only with the agreement of your employer.

Paid leave shall be earned at the rate of 2.5 working days per month of actual work, during a fixed reference period of 1er June of previous year to May 31 of current year, according to ordinary law. In principle, they must be taken before 31 May of the year following that period.

If earned paid leave is not taken before the end of the reference period, it shall be considered lost. It is not possible to carry them over to the next reference period.

Example :

You have earned 15 days of paid leave as of May 31, 2023. These 15 days should be taken over the reference period from 1er June 2023 to May 31, 2024. If you have taken 7 days of paid leave as of May 31, 2024, the remaining 8 days are lost and cannot be carried forward to the next qualifying period (1er June 2024 to May 31, 2025).

If you have any accrued leave for the period from 1er june 2022 to may 31, 2023, you must take them before 31 may 2024.

A collective agreement (company or branch agreement) may provide for a different reference period from 1er January to December 31, for example, or from December 1er April to March 31 for the construction or entertainment sectors. The principle is the same, only the end date of the reference period changes.

If you have not taken all your days off before the end of the scheduled period, it is possible to carry them over, only with the agreement of your employer. Unless otherwise agreed or used in the company providing for a postponement of these days, the employer is not obliged to accept the request for a postponement of leave.

Your employer must also have your consent if they want you to postpone your days after the leave period.

If you were unable to take your leave during the period provided for because of an external constraint (sick leave, maternity or adoption leave, impossibility for organizational reasons at the request of your employer), you are entitled to the postponement of these days.

Employees who benefit from a Time Savings Account (TSA) may place rights arising from periods of leave or rest (RTT) not taken into account.

FYI  

in the case of employees whose working time is fixed as a fixed number of days, an agreement (company or branch) may provide for the postponement of leave until 31 december of the year following the year in which the period in which such leave was taken began.

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