Mark your calendars! The law allows employees to benefit from additional leave under certain conditions. A tip your employer may not tell you, so take notes because you may be eligible.
Do you want to extend your vacation in Corsica or elsewhere? By cleverly planning your days off, it is possible to gain a few additional vacation days. Indeed, it is possible that you are entitled to split days according to the company agreement or your collective agreement. Concretely, the Labor Code provides that the main leave (i.e. four consecutive weeks maximum) may not be taken in its entirety during the legal period for taking leave, which is why this main leave can be split. “The splitting of leave allows employees to benefit from additional days of rest by taking part of their annual leave (excluding RTT) outside the main period”, explains Joris Pinteau, lawyer at the Cherbourg bar. Remember that in France, the main period for taking leave extends from May 1 to October 31. “If you decide to take part of your leave outside of this time window, you may be eligible for additional days”he adds.
For splitting to work in your favor, certain conditions must be respected. For example, you must take at least 12 working days off during the main period. Joris Pinteau specifies: “This leave must be taken continuously. It cannot be split up.” Days of leave taken outside of this period may then entitle you to additional days. “Note that these days must be taken in accordance with the vacation schedule, as established by the employer. They cannot be taken without your consent either. declares Maître Pinteau.
How many extra days can I get and how do I go about it?
The rule is set out in Article L3141-23 of the Labor Code: “Two working days of additional leave are granted when the number of days of leave taken outside the main period is at least six, and a single day when this number is between three and five working days. Days of leave principal due beyond twenty-four working days are not taken into account for entitlement to this supplement. he explains.
- In summary: by taking 12 days from May 1 to October 31 AND 6 days or more outside these dates, you benefit from 2 additional days of leave.
- By adding 12 days between May 1 and October 31 + 3 to 5 days between November 1 and April 30, you get one more day.
To put all the chances on your side, here are a few steps to follow:
- Anticipate and plan your leave at the start of the year by thinking about the best ways to divide your rest days.
- Talk to your employer or human resources department. Maître Pinteau indicates: “You must ensure that your planning complies with your employment contract and the company’s collective agreement.”
- Once approval is obtained, make sure you receive written confirmation of your vacation dates and additional days granted.
Joris Pinteau concludes: “The remuneration for this additional leave remains the same as that set for annual leave”. So take stock, because your vacation may be closer than you think!