Paid leave of a childminder
Verified 21 November 2023 - Legal and Administrative Information Directorate (Prime Minister)
A childminder employed by an individual is entitled to paid leave. How long is this paid leave? Who sets holiday dates? How are holidays counted? Can paid leave be split? Where to go in case of a dispute? We're doing an update on the regulations.
Duration
The calculation of the number of days of paid leave shall be carried out in the reference period from 1er June of year N-1 to May 31 of year N.
The maternal assistant is entitled to 2.5 working days paid leave per month or 4-week period of reception completed.
This period corresponds to 30 working days (i.e. 5 weeks) for a full reference period.
The following periods shall be treated as reception periods:
- Paid Leave
- Maternity, paternity, childcare and adoption leave
- Family Event Leave
- Non-working holiday
- Training leave
- Periods, during which the performance of the employment contract is suspended accident at work as a result of illness, occupational disease, or commuting
- Defense and Citizenship Day
- Leave to attend the welcome ceremony in French citizenship
When the number of accrued days is not an integer, the duration of the leave is rounded up to the next integer.
Example :
A maternal assistant who worked 7 months, from 1er November to May 31, is entitled to 18 days off (2.5 x 7 = 17.5 rounded to 18 days).
Additional Paid Holidays
The number of additional paid leave days differs according to the age of the childminder.
21 years or older
If the childminder has dependent children and has not accumulated 30 days of leave, she can benefit from 2 additional days per child.
A child is considered a dependent if he or she meets the following 2 conditions:
- He lives in the maternity assistant's home
- He is under 15 as of April 30 of the current year or has a disability
However, this right is granted up to 30 working days leave (cumulative annual and additional leave).
Example :
A childminder with 1 dependent child who has 12 days off can take 14 days off (12 days + 2 additional days off).
Under 21
Maternal assistant who was under 21 as of 30 April of the previous year shall be entitled to 2 additional days off per dependent child living in the household.
If the primary leave of the childminder shall not exceed 6 days, the additional leave per dependent child shall be reduced to 1 day.
Example :
- A childminder with 2 dependent children and 30 days of paid leave can take 34 days of paid leave (30 days + 4 additional days).
- A childminder with 2 dependent children and 5 days paid leave can take 7 days paid leave (5 days + 2 additional days).
The conditions for setting paid leave dates differ if the childminder has one or more employers.
Multiple employers
The childminder must be granted days off without taking a child. Accordingly, the respective employers and the childminder shall endeavor to reach an agreement on the dates of departure on leave by 1er March of each year.
The conditions for setting paid leave dates differ depending on whether or not the childminder has reached an agreement with her employers.
Employers' agreement on departure dates
When an agreement is reached between the different employers, they fix the dates of the maternity assistant's leave.
The leave may be split (i.e. taken in several installments), with the employee's agreement.
Disagreement of employers on leave dates
In the absence of agreement, the childminder itself fixes the dates of its leave, whether paid or unpaid, namely:
- 4 weeks during the period of 1er May to October 31
- 1 week in winter
It shall inform its employers in writing of its leave dates by 1er March of the year in question.
One employer
In the absence of agreement with the childminder no later than 1er in March, the employer sets the employee's leave dates. He informs the nursery assistant.
Please note
If the employee is off work before or during paid leave, the days of paid leave that coincide with the period of the off work are not counted.
The period of paid leave which may be taken in one single period may not exceed 24 working days.
With the agreement of the employee, this leave may be split (i.e. taken in several installments).
The rules vary according to the number of paid holidays acquired.
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General case
The leave may be split (i.e. taken in several installments), with the employee's agreement.
In the case of splitting, one of the leave periods must last at least 12 continuous working days. These minimum 12 working days shall be taken at a period which shall be fixed between 1er may and 31 october unless agreed by the parties.
The remaining days due may be granted in one or more installments outside the period of 1er May to October 31 every year. They may be eligible for additional days off.
Additional days for splitting are granted under the following conditions:
- 2 additional working days if the employee takes a minimum of 6 days off outside 1er May to October 31
- 1 additional working day if he takes between 3 and 5 days off outside the same period
The 5e week gives no entitlement to additional days of leave for splitting.
Leave not exceeding 12 working days
When vested rights do not exceed 12 working days, paid leave must be taken in full and on a continuous basis.
The 1er day of paid leave is 1er working day where the employee would normally have worked. The employer then counts down each working day until the day before the return to work.
Example :
An employee requests one week of paid leave. He doesn't work on Mondays, Wednesdays and Saturdays. Sunday is his weekly day off.
The 1er paid holiday is tuesday (1er working day on which the employee should have worked). The employer then counts the leave from Tuesday to the following Monday, either 6 days working days.
Please note
If the employee is off work before or during paid leave, the days of paid leave that coincide with the period of the off work are not counted.
The reference period court of 1er June of the previous year to May 31 of the current year.
The gross remuneration for leave shall be equal to:
- Either to the gross remuneration that the employee would have received for a period of work equal to that of paid leave, excluding allowances (maintenance, food, etc.)
- Or 1/10e the total gross remuneration (including that paid for paid leave taken during the reference period) received by the employee during the reference year. This calculation does not take into account allowances (maintenance, food...)
The solution most advantageous for the childminder will be retained by the employer.
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52 weeks per 12 consecutive months
Leave is paid when it is taken. Remuneration due for paid leave replaces base salary.
Reception for 46 weeks or less in any 12-month period
Remuneration due for holiday pay for the reference year is in addition to the basic gross monthly salary.
The amount of the paid leave allowance shall be calculated on 31 May of each year.
Such remuneration may be paid, in accordance with the agreement of the parties to be specified in the contract, in one of the following ways:
- In 1 time only in June
- When primary leave is taken
- As the leave is taken
Warning
any other condition for the payment of paid leave is prohibited. He's not possible to pay paid leave every month.
Occasional welcome
Leave with pay allowance for the reference year is not included in the gross monthly salary.
Remuneration for paid leave due is paid at the end of each reception.
Disputes shall fall within the jurisdiction of the prud'homme council of the home of the childminder.
Who can help me?
Find who can answer your questions in your region
For information on the employee-employer relationship
Relay early childhood (ex Ram)For information on regulations for childminders (e.g. length of paid leave, taking of paid leave)
Telephone administrative information - Allo Public Service
The informants who answer you belong to the ministry responsible for labor.
Cost: free service
Attention: the service does not respond questions relating to unemployment compensation and representations to Pôle emploi, civil servants or public service contractors, the amount or payment of social, wage or employer contributions.
The service is available at the following times:
- Monday: 8.30am to 5.30pm
- Tuesday: 8:30 to 12:15
- Wednesday: 8:30 to 12:15
- Thursday: 8.30am to 5.30pm
- Friday: 1 p.m. to 4:15 p.m
- 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
Length of leave
Setting of leave dates in the case of multiple employers (Article D423-16)
Urssaf Caisse nationale (formerly Acoss)
Urssaf Caisse nationale (formerly Acoss)