As soon as the holidays are over, we are already planning for the next one.

But are you up to date on the legislation governing your paid leave?

All employees have the same rights

True.

It doesn't matter whether you are on a permanent, fixed-term or temporary contract.

All employees acquire 2.5 working days of paid leave per month of effective work for the same employer, ie 30 days or 5 weeks for a full year, whether they are full-time or part-time.

However, the company may prefer to calculate in working days (5 days per week actually worked), then corresponding to 25 days off per year.

Note that this is a legal minimum which can be increased.

The duration of leave can be reduced

True.

Unless otherwise provided for in a collective agreement, absences due to a strike, sick leave (non-professional), layoff but also certain family leaves, such as full-time parental leave, parental presence leave and family solidarity leave, can reduce the number of days of leave acquired.

That said, you will not be penalized for only a few days of absence since it is enough to justify 48 weeks of work (paid leave, RTT and other periods assimilated to work included) to obtain your 30 working days of paid leave per year. .

You have to wait a year to take your first vacation

False.

In the past, you had to wait until year N+1 after hiring to be able to take advantage of the days off acquired during the current year.

But the Labor Law of August 8, 2016 changed the situation.

Since that date, an employee who has just been hired has the right to take leave as soon as it is earned, without waiting for the start of the reference period, which most often runs from June 1 to May 31.

This is called early leave.

If you arrived on March 1 in your company, you can thus ask 2.5 days from April, rather than waiting for June 1.

You can take your leave anytime

False.

Departure dates are set by collective agreement or, failing that, by the employer.

Depending on the company, certain leave periods may therefore be excluded, for example, due to too intense activity or, conversely, imposed in the event of the annual closure of the company.

That said, the authorized period for taking paid leave must at least extend over the legal period, namely from May 1 to October 31.

Nevertheless, the employer can in any case refuse the dates of leave desired within the framework of the operation of the service.

The boss may also be required to set the order of departures according to the family situations of the employees and their length of service.

You must take at least 12 consecutive days

True.

Legislation requires taking leave of at least 12 consecutive working days, i.e. 2 weeks, between May 1 and October 31 (legal period), knowing that it is not, conversely, possible to take more than 24 days in a row (4 weeks called main leave).

Better, when you do not take advantage of all of your main leave over this part of the year, you benefit from additional “split days”.

Thus, if you have 6 days or more left to take between November 1 and April 30, you will be entitled to 2 more working days, against 1 day if you have between 3 and 5 days left to ask, subject to different application rules set by a collective or establishment agreement.

Leave not taken can be carried forward

True.

This is particularly the case when returning from maternity or adoption leave, or if an illness prevented the employee from taking the leave to which he was entitled.

On the other hand, in other situations, the employer is not obliged to accept this request, unless an agreement or practice in the company provides for the possibility of carrying over untaken leave from one year to another. .

Please note: when postponement is not possible, the days concerned are lost.

Only employees who have not been able to exercise their right to leave due to the employer benefit from compensatory allowances.

This is especially the case for fixed-term contracts, temporary workers and employees who are made redundant.

During the leave, the pay is the same

True and false.

In detail, the law offers two calculation possibilities to determine the amount of the paid vacation allowance.

Conventionally, it can be equal to the salary that the employee would have received if he had continued to work.

Another option: the allowance may correspond to 1/10th of the total gross remuneration received during the reference period.

In all cases, the most advantageous amount for the employee is retained.

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Employment: What does reclassification leave consist of?

  • Business

  • Employees

  • Leave

  • Labor Code

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