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.

An employee must obtain prior authorisation from his or her employer if he or she wishes to fix the dates of his or her paid holidays.

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!