© - ATH all rights reserved - Edition 2024 58 EMPLOYER’S GUIDE 2024 HOLIDAY ENTITLEMENT Holiday entitlement is calculated per reference period. A company agreement or otherwise a sector agreement can set the reference period (for example from 1 January to 31 December). Otherwise it is determined by law, from 1 June of year N to 31 May of year N+1 (except for a company that is affiliated to a paid holiday fund). All employees are eligible for holidays with no length of service condition. Breaches of the legislation and regulations on paid holiday are liable for a category 5 fine (amount page 85). EARNING HOLIDAY All employees, regardless of their working hours, earn 2.5 working days of paid leave per working month (i.e. 30 working days per year) or 2.08 working days per working month (i.e. 25 working days per year). A company agreement or sector agreement may increase the duration of such leave, for example, depending on length of service. Certain absences are classed as worked periods for earning holidays (maternity leave, time off in lieu, paid holidays of previous year…). Check the provisions of your collective agreement regarding absences that can be classed as periods worked. HOLIDAY PERIODS These are set by company agreement or otherwise by sector agreement. Failing this, they are set by the employer, after consulting the social and economic committee. In all cases, they come within the period from 1 May to 31 October. A main holiday of at least 2 consecutive weeks and a maximum of 4 consecutive weeks must be taken during this period. The holiday period is notified to employees at least 2 months prior to starting. Ask us : the employer may impose a period of time during which the company is closed. TAKING HOLIDAYS Holidays must be taken every year. Neither the employer nor the employee can ask for them to be carried forward to the next year. PAID HOLIDAYS 28 What you need to know : All employers are required to give annual leave and the employee is required to take it. Such leave cannot be replaced by a payment in lieu except in the case of termination of the employment contract.
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