Existing holidays in France

17/01/2018 by Hicham HMICHE

     

Tous les types de congés

Paid leave

A dedicated page has been created: paid leaves

Maternity leave

The pregnant employee has the right to suspend her employment contract for a period beginning 6 weeks before the expected date of delivery and ending 10 weeks after the date of delivery.
However, it is prohibited to employ women for a total of 8 weeks before and after childbirth, including 6 weeks after childbirth.
The suspension is characterised by the fact that the employment contract is not terminated and that the employee must return to work at the end of the trial period. It is a right and not an obligation.
In the event that the birth takes place before the scheduled date, the prenatal period from which the employee was not able to benefit is added to the postnatal leave.
If the birth takes place after the expected date, the prenatal leave is extended accordingly and the postnatal leave only begins to run on the date of birth.
There are cases where maternity leave is extended (examples: multiple birth, birth of the third child).

Paternity leave

Paternity leave lasts 11 calendar days (i.e. days of the week as well as Saturdays and Sundays). In the case of multiple births, it can be up to 18 days. This leave is cumulative with the birth leave: three additional days at the birth of the child. This leave can be taken within 4 months of the beginning of the birth. To do this, the employee must notify at least 1 month before the date of the planned leave with the resumption date.
During this leave, the employee does not provide for a salary, but may claim compensation from the social security.

Family event leave

The law provides for holidays of 1 to 4 days depending on the case:

  • Death of spouse or child: 2 days
  • Death of father, mother, brother, sister, stepfather or stepmother: 1 day
  • Employee's marriage: 4 days
  • Marriage of a child: 1 day
  • Birth or adoption: 3 days

These periods of leave are a minimum provided for by law. Many collective agreements provide for longer terms. For the employees concerned, the most favourable provision applies.

Sick leave for sick children

This leave is valid for children under 16 years of age. Legally, the employee is not paid, but some collective agreements provide the opposite. The employee can use 3 days of leave per year and per child. This period may be extended to 5 days per year if: the child concerned is less than one year old or if the employee is responsible for at least 3 children under 16 years of age.

Family solidarity leave

This leave is intended for employees who wish to assist a relative in the context of a vital prognosis at stake. The duration of this leave is 3 months, renewable once. The employee must notify his employer 15 days before the date of departure on leave by letter RC or hand-delivered against receipt. This letter must be accompanied by a medical certificate from the assisted person. During this period, the employee does not receive a salary, but may apply for a daily allowance from the social security.

Family support leave

Its purpose is to help a loved one with a disability or severe loss of autonomy.
However, certain conditions must be met:

  • the employee must have two years' seniority in the company
  • the relative entitling the employee to leave must be the employee's spouse or the ascendant or descendant, collateral up to the 4th degree of the employee or his spouse.

During the leave, the employee is not paid and must notify his employer 2 months beforehand. Family support lasts 3 months, renewable for a maximum of 1 year for the entire career. During family support leave, the employee may not engage in any professional activity. However, it may be used by the person being cared for under the conditions provided for in the Social Action and Family Code.

Parental leave

Following the birth or adoption of a child under 16 years of age, any male or female employee may be granted parental leave to raise the child. The employer cannot refuse this leave.
There are two types of parental leave:

  • Total leave, during which the employment contract is suspended ;
  • Part-time work, the duration of which must be at least 16 hours per week.

Parental leave is unpaid. However, the employee may use the rights acquired on his time savings account (CET).
Parental leave can last for 1 year and is renewable twice. However, it cannot exceed the child's Third Birthday date. To benefit from this leave, you need 1 year of seniority in the company. The employee must inform his employer 2 months before the leave is taken or 1 month before maternity or adoption leave

Sick leave

This leave is possible as soon as the work stoppage is prescribed by a doctor who may extend it if necessary. The employee must inform his employer and social security within 48 hours.

Sabbatical leave

To benefit from this leave, the employee must have 36 months in the company. He must have accumulated 6 years of professional activity in total. In addition, he or she must not have taken a sabbatical or business start-up leave in the last 6 years and a training leave in the last 6 months. The duration of the sabbatical leave varies between 6 and 11 months. During this leave, the employee will not receive any salary from his employer. The employee must request 3 months before to benefit from this leave without any particular motivation. This request must be made by letter with AR or hand-delivered with receipt. The employer has 30 days to respond. The employer can postpone an employee's request for up to 6 months (9 months for companies with less than 200 employees). If the employer refuses, he must justify his refusal. The employee has 15 days to contest this refusal before the Labour Court.

Business start-up leave

All employees may benefit from this leave provided that it is for the creation or resumption of a commercial, industrial, craft or agricultural activity.
This leave can last for 1 year and is renewable once. The request to the employer must be made at least 3 months before the start date of the leave by registered letter with acknowledgement of receipt. The letter must include the type of activity with the desired dates.
The employer has 30 days to respond and can accept or refuse the request. In the event of refusal, the employer must provide proof by registered letter with acknowledgement of receipt. The employee has 15 days to contest the claim with the labour tribunal.

Training leave

To qualify for individual training leave, you must

  • To be employed on permanent contracts for 2 years, including 12 months in the same company
  • To be employed on a fixed-term contract with 24 months of activity in the last 5 years, including 4 consecutive months over the last 12 months

o take training, the employee must send a letter to his employer with RA specifying the internship, duration and the organization responsible. Legally, the employer must be notified 6 months in advance for training periods of less than 6 months. If the training is longer, the employer must be notified 120 days before.

Leave without pay

Unpaid leave without pay does not have a regulatory framework. However, to be valid it must be validated by the employer. At the time of this leave, the employee is not paid.

Adoption leave

The employee who adopts has the right to suspend the employment contract as soon as the child arrives at home for a period of:

  • 10 weeks for the first 2 children arriving at home ;
  • 18 weeks in the case of adoption, bringing the number of children in the household in charge to 3
  • 22 weeks in case of multiple adoptions.

At the end of the maternity or adoption leave, the employee must return to her previous job or a similar job with at least equivalent remuneration.

Other holidays

Leave of personal convenience:

  • Exam leave (Title or diploma)
  • Teaching and research leave

Leave for the exercise of a mandate

  • Mutual leave for training in the performance of mutual administrator functions
  • Mutual leave to participate in the board of directors or commissions of a mutual company
  • The absence of the labour tribunal to carry out its mandate
  • The absence of the labour tribunal

Solidarity leave:

  • Natural disaster leave
  • International solidarity leave


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