Can an employee ask his employer for a leave to marry, some time after having benefited from a leave to contract with his partner? In the program "Do I have the right?", Sunday, on Europe 1, the lawyer and columnist, Roland Perez answers in favor of the pacsé employee wishing to marry in just weddings.
If after having benefited from his four days of leave for a PACS, the employee of a company decides to marry his partner, his employer cannot again refuse him the four days of leave to which he is entitled for a marriage , although he has already received leave for the conclusion of a PACS.
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No matter the protagonists, and the date of the event
It does not matter if the employee's future husband or wife is the same person as the partner with whom the PACS was concluded, and it does not matter that the marriage takes place in the same year as the previous union. The leave is granted to the employee on the occasion of a family event, regardless of the protagonists. However, the employee must justify the event to his employer.
The same goes for PACS and marriage, but also the marriage of his child, which entitles him to one day off, the birth or adoption of each child in the household, who gives entitlement to three days off, or the death of a very close relative (spouse, parents, step-parents, brothers and sisters), giving entitlement to three days of leave.
Since 1 July 2020, the leave for the death of a child has been increased to seven working days, compared to five previously. This leave is combined with the new bereavement leave for an eight-day-old child who has just been put in place and who can be divided. All these leaves can nevertheless be longer than what is provided by law, in accordance with a company or branch agreement.