The legal framework for paid leave in France has evolved over time alongside the advances in worker’s rights. Here’s an overview of the rules to follow if you employ staff in France.
The next statutory leave period begins on 1 June. Are you certain your HR procedures are up to date?
The paid leave accrual period in France
In France, the period during which paid leave accrues runs from 1 June of the previous year to 31 May of the current year, unless otherwise provided for in an industry-specific or company-level agreement. For the 2026 holidays, this period therefore runs from 1 June 2025 to 31 May 2026.
In principle, an employee accrues 2.5 working days (Monday to Saturday) for each month of actual service with the same employer, with a maximum of 30 working days during the reference period: therefore, 12 months of actual or equivalent service entitle the employee to 30 working days of paid leave.
Paid leave entitlement accrued during period N must be taken during period N+1. The number of days accrued may be taken in advance at the employee’s request.
- Determining the period for taking paid leave
The period for taking paid leave is determined by the collective bargaining agreement or by the employer and must include the statutory period running from 1 May to 31 October. If the collective bargaining agreement does not include the relevant provisions, the employer shall determine this period in compliance with established practice and after consulting staff representatives, where such representatives exist.
Therefore, the employer cannot require employees to take their leave outside this period. However, the parties may, by mutual consent, agree on a different period. The employer will then need to obtain the individual consent of each employee. Where relevant, additional days will be due to allow for split leave.
Personnel must be notified of the holiday period at least two months before it begins. In practice, this information is posted on noticeboards.
Determining paid leave start dates
It is up to the employer to determine the dates for the start of the holiday period.
Unless otherwise provided for by the collective bargaining agreement, the employer alone shall determine the dates on which employees begin their leave, after consulting the staff representatives. However, the employer must take several factors into consideration: the employee’s family circumstances, especially the spouse’s availability to take leave, the length of service with the employer, and the employee’s other professional activities with one or more other employers.
The employer must notify employees of their holiday departure dates by posting a written announcement giving them a minimum period of advance notice. Unless exceptional circumstances arise, the employer may not change the order or dates of departure within one month of the departure date. In actual practice, notice must be given at least one month in advance, unless a collective agreement provides for a longer notice period.
You must make sure that your employees are entitled to a minimum of 12 consecutive working days of paid leave during the period running from 1 May to 31 October each year (i.e. two calendar weeks, not including public holidays)
Additional days for split leave
Split leave days are additional days of leave granted to employees when they do not take their full annual leave entitlement, i.e. 24 working days (or 20 working days) during the period from 1 May to 31 October, whether splitting is due to the employee or the employer.
Employees are therefore entitled to:
- 1 additional day’s leave if they take between 3 and 5 working days’ leave (or 3 and 4 working days) outside the period from 1 May to 31 October.
- 2 additional days’ leave if they take at least 6 working days’ leave (or at least 5 working days) outside the period from 1 May to 31 October.
E.g.: suppose an employee is entitled to 30 working days’ paid leave:
– he/she takes three weeks’ holiday in July and two weeks in December: he/she is then entitled to two working days.
– he/she takes 19 days’ leave in August, 5 days in December and 6 days in April: he/she is then entitled to just one working day’s leave because, out of the 11 days taken outside the statutory leave period, 6 fall within the fifth week and do not entitle him/her to any additional days leave.
Unused leave at the end of the period
In principle, paid leave must be taken during the period determined by your company. Any leave not taken by the end of this period is, in principle, forfeited unless collective agreements or established practice provide for more favourable terms.
However, leave not taken due to the fault of the employer (for example, failure to make arrangements or unjustified refusal) cannot be considered as forfeited. In such cases, the employee may request a postponement of leave, or even compensation in the event of a dispute.
Furthermore, special rules apply where an employee has been unable to take his/her leave due to his/her exercising of specific rights (parental leave, maternity leave, adoption leave, work accident or an occupational illness).
Paid leave and sick leave
Pursuant to the Labour Code (Articles L. 3141-5 and L. 3141-19), employees who have been unable to take their annual leave due to sick leave (whether or not the illness is work-related) retain their leave entitlement and may, within certain limits, carry it over.
