The Legal Weekly
How does paid leave work?
Shellfish... while the 2021 summer holiday period is eagerly awaited, the issue of paid holidays can become a real headache for the business owner
So what does the Labour Code tell us?
The employer is responsible for organising paid holidays and determining the departure dates of his employees. The employer is obliged to plan the holiday schedules of his employees and the period in which holidays are to be taken must be made known to the employees.
The employer must grant each employee at least 12 consecutive working days, and no more than 24 days, in the holiday period from 1 May to 31 October.
A employee must obtain prior authorization from his employer if he wishes to set the dates of his paid leave.
If they go on holiday without notice, they are liable to be dismissed for serious misconduct which could be justified by abandonment of post.
Employees' rights to paid leave
The time savings account allows the employee to keep untaken leave days but only for the fraction acquired beyond 24 working days
Can leave be taken at any time of the year?
Leave entitlement must be exercised annually.
In principle, neither the employer nor the employee can plan to carry over all or part of the leave to the following year. Except in certain situations, such as maternity or adoption leave, illness, leave to set up a business or sabbatical leave.
The employer may take into account the wishes expressed by the employees. The employer in accepting or refusing the employee's request must comply with the order of departure.
Need help before the summer?
Contact us Cécile ZAKINE who will be able to guide you for a peaceful holiday!
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Utilisez notre calculateur d’indemnités de licenciement pour estimer vos droits en cas de rupture du contrat de travail.
Frequently asked questions
How many days of paid leave per year?
An employee earns 2.5 working days of leave per month of work, i.e., 30 working days per year (5 weeks). In business days, this corresponds to 25 days.
Can I impose vacation dates on my employee?
Yes, the employer sets the vacation dates after consulting employee representatives. They must respect a notice period of at least one month.
What are the deadlines for taking paid leave?
Holidays must be taken within the year following their acquisition. The reference period is generally from June 1 to May 31. Carryovers are possible by agreement.
What to do if my employer refuses my leave?
The employer may refuse for service reasons. In case of abuse, the employee may refer the matter to the labor court. A lawyer can assess the situation.
How much does a consultation on paid leave cost?
Maître Zakine offers a consultation from €150. A free initial phone call can be arranged.
Lawyer in Antibes, registered with the Grasse Bar. Intervenes throughout France. Labour law, Litigation at work. Real estate litigation and co-ownership law. Construction problems (VEFA,..)Fast, motivated and committed response. Do not hesitate to contact the lawyer in Antibes: Maitre Zakine. or to make an appointment online for a consultation.
Possible consultation 45€/ 30 min by phone for a first consultation
