We enter into a new year, and the meter of paid holiday is again reset. The paid holiday, also called “annual recreation holiday”, is a right granted to all employees regardless of their age. Here is some useful information to assert your rights and not to be unpleasantly surprised!

Within the regular legal framework, the duration of the annual paid holiday is set at 25 working days per year. Only some very specific industries grant more days off.

To be eligible, you must first have worked for three months in a row for the same employer. Thus, an allowance equal to the wage that you have been paid during these first three months will be paid for each day off.

Another important point: you must take your holiday completely during the current year. It can be postponed only in exceptional cases. If, for example, you could not take your holiday before the end of the year because the needs of the service didn’t allow it, the deadline will be postponed until March 31st of the following year.

Who selects the holidays?

You can choose your holidays, but you must tell your employer one month in advance. Pay attention to the obligation to take your holiday at one go. If you want to split it up, you will need to give some justification. Each fraction of holiday must be for a period of at least 12 days. In practice, employees often find arrangements and even split up their holiday into periods of less than 12 days. Of course, this depends on the company and the nature of the job.

If the company closes for annual holiday, the holiday period must be fixed by mutual agreement with your employer who must notify it to the employees not later than during the first quarter of the reference year.

You should know that your employer has the right to turn down your holiday if your unjustified absences exceed 10% of your normal working time.

In the event of illness during your holiday

If you fall ill during your holiday, the days of illness, if verified as such by a doctor’s certificate, are not considered as holiday. A new holiday will then be granted, but you have to provide within three days of illness your doctor’s certificate if you are in the country, or as soon as possible if you are abroad.

In the event of termination of the employment contract

If your contract ends during the year, one twelfth of your annual holiday will be granted for each full month of work.

If you haven’t got all your holidays when you leave the company, your employer must pay you an allowance corresponding to the holiday that you haven’t yet taken at the time of your leave.

On the contrary, if it happened that you took all your holiday before you leave the company, your employer is entitled to recover the amount of the holiday allowance that you have got too much.

Medical consultation

In principle, the law does not grant special leave to see a doctor during working hours. However, it is widespread practice that an employee visits a doctor during working hours if s/he has requested beforehand the employer’s permission.

Finally, you should know that your holiday will never be replaced by an allowance, because it is given to the employees in order to protect their health and allow them to rest. It is also for this reason that you are not allowed to work during your paid holiday.

It is now up to you to cleverly put in a request for holiday!

Sophie Sellier
English version: Robert Mouris