© - ATH all rights reserved - Edition 2024 59 2024 EMPLOYER’S GUIDE Paid holidays can be taken from the date of hiring. The employer must ensure that employees take their holidays. Ask us : in certain cases, possibilities for carrying holiday forward are stipulated by law (maternity, paternity, parental education leave, illness, workplace accidents). ORDER FOR TAKING HOLIDAYS The order for taking holidays is set by the company agreement or otherwise by the sector agreement or it is fixed by the employer, after consulting the social and economic committee. It must take into account family circumstances. The order for taking holidays is notified to employees at least 1 month in advance. The employer and the employee must follow the order and dates of holidays that have been determined. Holiday dates cannot be changed less than one month before. SPLITTING HOLIDAYS Days off (excluding the 5th week) taken outside the main period (1 May to 31 October) are eligible for additional days off. A company agreement or otherwise a sector agreement can determine the terms under which holidays are split up. Ask us about how the splitting up of paid holidays is applied and the conditions for waiving this right, by the employee. COUNTING HOLIDAYS The first working day of holidays is the first day when the person should have been working. The last working day included in the period of absence counts as a holiday, even if it corresponds to a day not usually worked. Ask us : a number of events have an impact on paid holidays. HOLIDAYS AND SICKNESS The law adapting to European Union law, which came into force on 24 April 2024, has changed French law on paid holidays. From now on, employees suffering an accident at work or occupational illness will earn 2.5 working days of paid leave for the entire duration of their absence from work, even if this exceeds 12 months. Employees on non-occupational sick leave are entitled to 2 working days of paid leave per month of sick leave (up to a maximum of 24 working days per entitlement period). Within one month of returning to work, the employer must inform the employee of the number of days of leave available and the date up to which these days may be taken. Leave that could not be taken due to illness or accident is carried forward for 15 months so that it can be used. This period does not begin until the date on which the employer informs the employee, after he has returned to work, of his entitlement to leave (except in the specific case of long-term sick leave). At the end of this period, the leave is definitively lost. Ask us how the retroactive application of the measures to 1 December 2009, provided for in the law, must be applied. PAYMENT OF HOLIDAYS Compensation for paid holidays is equal to one tenth of the total pay received by the employee during the reference period. It cannot be less than the pay the employee would have received if he/she had worked during his/her leave period. Make sure that the payslip shows the dates of holidays and the amount of the corresponding payment. Ask us, it might be recommended for your company to set up a holiday request system.
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