Paid leave: How to manage the unexpected?

As summer approaches, you have likely already planned for your employees’ paid leave. You may be preparing to either close your business or, on the contrary, grant paid leave to your employees on a rotating basis to ensure the continuity of your business. However, certain events, such as an employee’s unexpected work stoppage, can disrupt your plans. Below is an update on the rules applicable in this area.

In case of illness

If one of your employees is on sick leave on his or her scheduled departure date, the days of paid leave that should have been taken during this time will not be deducted. In other words, they are postponed to a later date.

Note: If the employee’s leave ends before the end of the originally planned paid leave, he or she can still take the remaining days of paid leave.

Conversely, if one of your employees is prescribed sick leave during his/her paid leave, he/she cannot claim a postponement for the days of paid leave that coincide with this stoppage, nor can he/she extend his/her leave.

Please note: This rule, stemming from the decisions of the Court of Cassation, contradicts European law, which guarantees the right to rest of employees. Therefore, the Ministry of Labor recommends that employers allow employees on sick leave to postpone their paid leave days, regardless of whether the sick leave begins before or during their planned holiday. Adhering to this recommendation can help avoid potential litigation.

In case of a family event

Employees are entitled to exceptional leave for various family events (such as weddings, deaths, or births). However, this leave is generally not applicable when the event occurs during the employee’s paid leave, and, in such cases, these exceptional leaves cannot be carried over or compensated.

This said, there is an exception for the 3-day birth leave (unless a longer period is specified in the collective agreement applicable to the company) for the father of the child and, where applicable, the mother’s spouse. If a child is born during the employee’s planned summer holiday, he/she must be granted the 3 paid days at the end of his/her summer leave.

In the event of termination of the employment contract

The notification of an employee’s dismissal or resignation does not affect the already-planned dates for summer leave. The employee’s notice period, which begins upon notification of the contract termination, is then suspended during paid leave.

Exception: If the company is closed during the employee’s summer annual leave, the employee’s notice period continues during his or her paid leave.

Additionally, be aware that any days of paid leave that have been acquired but not taken when the employee’s employment contract is terminated will give rise to the payment of compensatory indemnity.