Employee paid leave in the private sector
Verified 05 July 2024 - Directorate for Legal and Administrative Information (Prime Minister)
The employee is entitled to paid leave. Every month of actual work shall be entitled to leave of 2,5 working days, except in special cases. During leave, the employer shall pay the employee an allowance for paid leave. Can an employee decide when to take paid leave? We present you with the information you need to know.
All employees right every year paid leave.
The employee shall be entitled to paid leave whatever his contract working (DTA: titleContent, CSD: titleContent or temporary employment contract).
The employee shall be entitled to the paid leave he/she works full-time or part-time.
Please note
The apprentice is entitled to paid leave legal, that is 5 weeks of paid leave per year. The employer has the right to decide the period during which the apprentice can take his leave. If the apprentice is under 21 years of age on April 30 of the previous year, the apprentice may apply for additional unpaid leave, up to 30 working days per year. The age requirement shall be examined on 30 April of the year preceding the application.
The employee shall be entitled to paid leave from the time he is hired in the company, whatever his seniority.
However, the employee must respect the period of leave taken and the order in which the employer decides to leave.
Whether working full-time or part-time, employees benefit from 2.5 working days per month of actual work in the same employer.
This corresponds to 30 working days (5 weeks) for a full year of work.
Some absences shall be taken into account for the calculation of leave days.
Warning
In case of work stoppage due to illness unprofessional, the employee shall be entitled to paid leave, up to 2 days working days per month (either 24 working days per year) during the leave accrual period referred to as reference period . The reference period shall be fixed of 1er June of year N-1 to May 31 of year N (unless a collective agreement or a collective company agreement provides for another period).
When the number of accrued leave days is not an integer, the duration of the leave is increased to the next larger integer.
Example :
The employee has worked 5 months during the year, he is granted a leave of absence of 2,5 × 5 = 12,5, rounded to 13 working days.
The employer can calculate vacation days in working days. In this case, this method of calculation must guarantee the employee leave entitlements at least equal to those calculated in working days.
For the accrual of paid leave, the reference period is fixed of 1er June of previous year to May 31 of current year.
However, different dates may be set by treaty provisions, collective agreement or collective company agreement.
Please note
Some companies are required to join a paid leave fund (e.g. companies in the construction and entertainment sectors). In this case, the reference period shall be 1er April of the previous year to March 31 of the current year.
The rules vary according to the situation of the employee (age, dependent child).
Répondez aux questions successives et les réponses s’afficheront automatiquement
Employee aged 21 and over with dependent child
If the employee has to under 21 years of age on 30 April of the previous year, he may benefit from 2 additional days of paid leave by dependent child (up to 30 working days).
Example :
An employee who has a dependent child and has 12 days of leave. He can then take 14 days off, which is 2 additional days off.
A child is considered dependant if it fills one of the following conditions:
- Either he lives at home and is under the age of 15 as of April 30 of the current year
- Or he lives in the home and is disabled (no age condition).
Employee under 21 years
The employee of under 21 years of age on 30 April of the previous year entitled to leave of 30 working days, if desired, as any employee (cumulative annual and additional leave), even if it has not acquired the entirety of those days off.
Example :
If the employee under 21 has only 12 days of paid leave, he can still take 30 days of leave. Days taken in excess of his 12 days leave will not be compensated.
Employee under 21 with dependent child
Any employee of under 21 years of age on 30 April of the previous year benefits from 2 additional days off by dependent child.
If the earned leave does not exceed 6 days, the additional leave is reduced to 1 day.
Other situation
Of treaty provisions, the employment contract or a use may provide for a more favorable calculation of leave than the legal duration.
The collective agreement or a collective company agreement may increase the duration of leave depending on the age, seniority or disability of the employee.
The period of paid leave may or may not extend throughout the year.
In all cases, the leave shall be taken in the period of 1er may to october 31 of each year.
The period for taking paid leave shall be:
- Either by collective agreement or a collective company agreement
- Or, in the absence of an agreement, by the employer, after the Social and Economic Committee (ESC), if one exists in the company.
It shall be made known to employees at least 2 months before the period begins.
The employee cannot ask more than 24 working days consecutive leave (either 4 weeks).
This is called the main leave.
However, the employer may grant the employee longer leave because of one of the following situations:
- Or because of specific geographical constraints (e.g. the employee's family lives overseas)
- Or because of the presence in the household of an employee of a disabled person or of an elderly person who is losing his independence.
The departure date on leave shall be fixed:
- Either by collective agreement or a collective company agreement
- Or, in the absence of an agreement, by the employer, after the Social and Economic Committee (ESC), if one exists in the company
The employee must inform the employer of the leave dates he wishes to take.
The employer may refuse to grant the employee the desired leave dates. The employee must then take his leave on another date.
FYI
The employer may require the employee to take days off in the event of temporary closure of the company.
The employer must inform each employee of the scheduled date of departure on leave.
The date of departure shall be communicated to each employee, at least by any means 1 month in advance before departure, on premises normally accessible to employees.
The employer cannot change the employee's vacation dates after granting them less than one month before the estimated departure date.
The employer must notify the employee at least 1 month before date planned departure.
However, in the case of exceptional circumstances (company having to face an exceptional order, replacement of a deceased employee, etc.), the employer can then postpone the employee's leave.
Yes, theemployer may fix thedeparture order leave of employees.
In determining the order of departures, the employer must take into account the criteria (unless other criteria are laid down in the collective agreement or a collective company agreement):
- Family status of beneficiaries (presence in the home of a disabled person or an elderly person who is losing their independence, etc.)
- Length of service with the employer
- Activity with one or more other employers.
The order of vacation departures is news release to each employee, by any means, at least 1 month in advance, in premises normally accessible to employees.
Please note
Employees married or linked by a Civil partnership working in the same company are entitled to leave simultaneous.
Yes, the main leave (either 4 consecutive weeks maximum) may not be taken in its entirety during the statutory leave period (of 1er May to October 31 of the current year).
The primary filet is then split (i.e. taken in several steps).
You can then benefit from days of leave additional said split days, subject to:
Répondez aux questions successives et les réponses s’afficheront automatiquement
Period from 1 May to 31 October
The employee must take a leave of absence of at least 12 working days (i.e. 2 weeks) for the period from 1er May of the year to October 31 of the current year.
This leave must be taken continuously. It cannot be split.
These minimum 12 working days shall be taken at a fixed period:
- Either by the collective agreement or a collective company agreement
- Or, in the absence of an applicable agreement or convention, obligatorily between 1er May to October 31 of each year.
Period from 1 November to 30 April
If the employee does not take the totality of sound main leave of 4 weeks during the legal intake period (from 1er may to october 31 of the current year), he can then benefit from additional days of leave for splitting.
These additional days shall be granted under the following conditions:
- 1 working day (if the employee takes between 3 and 5 days of leave outside the legal period of 1er May to October 31)
- 2 working days (if the employee takes a minimum of 6 days of leave outside the legal period of 1er May to October 31).
The collective agreement or a collective company agreement sets the rules for applying split days.
Carry-over of accrued leave not taken during the period of leave is possible, subject to:
Répondez aux questions successives et les réponses s’afficheront automatiquement
General case
Carry-over of accrued vacation days not taken during the vacation period is possible.
This is only possible if there is an agreement between the employer and the employee.
Unless agreed or company use providing for a postponement of these days, the employer is not obliged to accept the request for a postponement of leave.
If leave carry-over is not possible, the days not taken are not necessarily lost.
Leave not taken can then be paid according to treaty provisions.
Annualized working time
In the event of a change in the working time, a convention or a collective company agreement or a extended branch agreement may provide for the postponement of vacation days.
In this case, leave carry-overs may be made until 31 December of the year following the year in which the period of taking such leave began.
Sick leave of non-occupational origin
May benefit from carry-over period of 15 months :
- Paid leave not taken due to a work stoppage
- Paid leave acquired during a work stoppage covering the whole reference period.
The starting point of the 15-month period differs according to the situation.
Paid leave not taken as a result of the work stoppage
Reminder
The period for taking paid leave shall be:
- Either by collective agreement or a collective company agreement
- Or, in the absence of an agreement, by the employer, after the Social and Economic Committee (ESC), if one exists in the company.
The dosing period should include, in all cases, the 1er May year N to 31 October year N.
It shall be made known to employees at least 2 months before the period begins.
An employee who couldn't pose all paid leave during the dosing period, due to illness, shall be entitled to 15-month carry-over period to take them.
One collective company agreement or a branch agreement may fix a longer period of the carry-over period.
Reminder
The postponement period is 15 months starts from the date on which the employee was informed of his rights by the employer, after resumption of work.
Paid leave not taken by the employee at the end of this 15-month period will be lost.
Example :
An employee is sick on the 1er February to 30 April of 2024 (year N). The employee returns to work on May 2, 2024, and the employer informs the employee of his rights on May 13, 2024.
In the company, the period for taking paid leave is fixed:
- of 1er May 2023 (year N-1) to 30 April 2024, for paid leave earned in reference period 1er June 2022 (year N-2) and 31 May 2023 (year N-1)
- of 1er May 2024 to 30 April 2025 (year N+1), for paid leave earned in reference period 1er June 2023 (year N-1) and 31 May 2024 (year N).
At the time of his sick leave, the 1er february 2024, the employee has 8 days of paid leave, earned during the reference period of 1er June 2022 (year N-2) to May 31, 2023 (year N-1), which were to be taken during the harvest period of 1er May 2023 to April 30, 2024.
Since the employee is unable, due to illness, to take his 8 days of paid leave during the intake period, he has a 15-month carry-over period from May 13, 2024 (i.e. until August 13, 2025) to take them.
Paid leave earned during the period of 1er june 2023 to may 31, 2024, may be taken by the employee during the take period 1er May 2024 to April 30, 2025.
Paid leave earned during a sick leave covering the whole reference period
When the employee is off work for the entire vesting period leave (so-called reference period of 1er June of year N-1 to 31 May of year N), starting point the deadline for the 15-month postponement is fixed at the end of this period.
A distinction must be made between:
- If the employee has not resumed work at the end of the carry-over period, the paid leave acquired during the stoppage of work covering the accrual period shall be lost
- If the employee resumes work while period deferral is still in progress, the 15-month period is suspended until the employer informs the employee of his entitlement to leave.
Example :
An employee is sick on the 1er June 2023 to November 30, 2024. He returns to work on the 1ster December 2024 and his employer informs him of his rights on December 20, 2024.
During the vesting period (reference period) 1er june 2023 as of may 31, 2024, the employee was off work for the entire period. The 15-month carry-forward period for accrued paid leave over this reference period (24 days) begins on May 31, 2024.
The carry-over period shall be suspended on 1er December 2024, the date the employee returns to work. In this case, 6 months having already elapsed (May 31, 2024 to November 30, 2024), there remains a 9-month deferral period that begins to run again when the employer informs the employee of his rights, that is, on December 20, 2024.
Discontinuation of work-related illness
May benefit from carry-over period of 15 months :
- Paid leave not taken due to a work stoppage
- Paid leave acquired during a work stoppage covering the whole reference period.
The starting point of the 15-month period differs according to the situation.
Paid leave not taken as a result of the work stoppage
Reminder
The period for taking paid leave shall be:
- Either by collective agreement or a collective company agreement
- Or, in the absence of an agreement, by the employer, after the Social and Economic Committee (ESC), if one exists in the company.
The dosing period should include, in all cases, the 1er May year N to 31 October year N.
It shall be made known to employees at least 2 months before the period begins.
An employee who couldn't pose all paid leave during the dosing period, due to illness, shall be entitled to 15-month carry-over period to take them.
One collective company agreement or a branch agreement may fix a longer period of the carry-over period.
Reminder
The postponement period is 15 months starts from the date on which the employee was informed of his rights by the employer, after resumption of work.
Paid leave not taken by the employee at the end of this 15-month period will be lost.
Example :
An employee is sick on the 1er February to 30 April of 2024 (year N). The employee returns to work on May 2, 2024, and the employer informs the employee of his rights on May 13, 2024.
In the company, the period for taking paid leave is fixed:
- of 1er May 2023 (year N-1) to 30 April 2024, for paid leave earned in reference period 1er June 2022 (year N-2) and 31 May 2023 (year N-1)
- of 1er May 2024 to 30 April 2025 (year N+1), for paid leave earned in reference period 1er June 2023 (year N-1) and 31 May 2024 (year N).
At the time of his sick leave, the 1er february 2024, the employee has 8 days of paid leave, earned during the reference period of 1er June 2022 (year N-2) to May 31, 2023 (year N-1), which were to be taken during the harvest period of 1er May 2023 to April 30, 2024.
Since the employee is unable, due to illness, to take his 8 days of paid leave during the intake period, he has a 15-month carry-over period from May 13, 2024 (i.e. until August 13, 2025) to take them.
Paid leave earned during the period of 1er june 2023 to may 31, 2024, may be taken by the employee during the take period 1er May 2024 to April 30, 2025.
Paid leave earned during a sick leave covering the whole reference period
When the employee is off work for the entire vesting period leave (so-called reference period of 1er June of year N-1 to 31 May of year N), starting point the deadline for the 15-month postponement is fixed at the end of this period.
A distinction must be made between:
- If the employee has not resumed work at the end of the carry-over period, the paid leave acquired during the stoppage of work covering the accrual period shall be lost
- If the employee resumes work while period deferral is still in progress, the 15-month period is suspended until the employer informs the employee of his entitlement to leave.
Example :
An employee is sick on the 1er June 2023 to November 30, 2024. He returns to work on the 1ster December 2024 and his employer informs him of his rights on December 20, 2024.
During the vesting period (reference period) 1er june 2023 as of may 31, 2024, the employee was off work for the entire period. The 15-month carry-forward period for accrued paid leave over this reference period (24 days) begins on May 31, 2024.
The carry-over period shall be suspended on 1er December 2024, the date the employee returns to work. In this case, 6 months having already elapsed (May 31, 2024 to November 30, 2024), there remains a 9-month deferral period that begins to run again when the employer informs the employee of his rights, that is, on December 20, 2024.
If the employee refuses to take paid leave when the employer has repeatedly invited him or her to do so, then the leave is lost if it is not postponed.
No, the employee is not allowed to work during his leave.
But there is an exception: the employee can be hired by harvest contract during paid holidays.
No, during his leave, the employee is not paid. However, he does receive a paid leave allowance.
All amounts in the nature of salary are taken into account in determining the holiday pay (basic salary, seniority pay, attendance pay, etc.).
Who can help me?
Find who can answer your questions in your region
Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
Attention: the service does not have access to users' personal files and cannot therefore provide information on their status.
He does not respond questions relating to unemployment compensation and representations to France Labor (formerly Pôle emploi), the officials or contractual of the fpublic service, the amount or payment of contributions social, wage or management.
- 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
- Service free
The informants who answer you belong to the ministry responsible for labor.
Right to leave
Length of leave (public policy)
Length of leave (scope of collective bargaining)
Length of leave (supplementary provisions)
Leave period and departure order (public policy)
Leave period and departure order (collective bargaining field)
Leave period and departure order (supplementary provisions)
Leave splitting (public policy)
Leave Split (Collective Bargaining Field)
Leave Split (Supplementary Arrangements)
Employees under 21 (annual leave)
Harvest contracts
Situation of the employee during the leave (public policy)
Length of leave (public policy)
Length of leave (supplementary provisions)
Leave period and departure order (public policy)
Document template
FAQ
News
La Cour de cassation ouvre la porte à l’acquisition de congés payés pendant un arrêt maladie
Publié le 20 septembre 2023
