Can the employee take paid leave during notice?
Verified 06 July 2023 - Directorate for Legal and Administrative Information (Prime Minister)
Yes, the employee can take paid leave during notice (dismissal, resignation or retirement).
In this case, paid leave and notice shall not be don't mix.
The impact on notice changes if paid leave has been provided front or after the notification of termination of the contract.
We're doing an update on the regulations.
Yes, the paid leave planned and validated by the employer front notification of termination of employment contract postpone the notice.
The notice is suspended during paid leave. It is then prolonged of a duration equivalent the number of days of paid leave caught.
Example :
One employee took paid leave from February 10 to February 20, 2024. These paid holidays have been validated by the employer. He resigned on February 8, 2024 and must comply with a notice one month. His notice is suspended of the February 10 to 20, 2024 and he prolong of 11 days from March 8 to March 18, 2024 included.
No, paid leave taken after notification of the breakdown do not postpone the notice.
The employee or employer may not pitch require leave to be taken during notice.
However, they may be suitable by mutual agreement set a period of paid leave during the notice period.
The notice is then not pitch suspended by paid leave. However, the employer and the employee may decide that the notice be suspended.
To avoid litigation, it is best to finalize the agreement with a written.
Example :
An employee resigns on February 8, 2024 and must give one month's notice until March 7, 2024 included. In agreement with his employer, 2 weeks paid leave shall be taken from February 13 to 26, 2024. Except, if the written document they write so provides, the notice of resignation shall not be not suspended and ends well on March 7, 2024.
No, the closure of the holiday company don't postpone the notice.
The employee's notice is not pitch suspended and is therefore extended pitch the length of his leave.
The employee shall receive the following allowances:
- Compensatory allowance for the period of notice that he was unable to make
- Compensatory leave with pay corresponding to the period of closure of the company due to annual leave
Example :
An employee is dismissed and his notice of 2 months takes place from July 15 to September 14, 2024 included. Its company is closed annually for paid leave from 1er as of august 25, 2024. The notice is not extended pitch by closing the company and finishes the September 14, 2024.
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The informants who answer you belong to the ministry responsible for labor.
Notice and compensation for notice
Resignation and notice
Advance notice and leave