Managing leave requests requires employers to follow strict rules defined by labour laws. In France, employees earn 2.5 days of paid leave per month worked, and they can only take up to four consecutive weeks at once. Employers can also enforce mandatory leave periods by closing the company for up to 24 working days, requiring employees to use their accrued leave.
In all cases, notice periods apply to every aspect of paid leave. These timeframes are typically set by the Labour Code, but collective agreements, company-level agreements, or employment contracts may specify different rules that employers must follow.
Employers must formally announce the official leave period within the company. This legal period typically runs from May 1 to October 31. Employees must be informed about this period well in advance to allow everyone, including management, to plan accordingly.
Article D3141-5 of the Labour Code states that the leave period must be communicated to employees at least two months before it begins. If no collective or company-specific agreement exists, this two-month notice applies by default.
Employers must also set and communicate the order of departures. This ensures transparency regarding who gets priority during peak periods, based on criteria like family responsibilities, seniority, or age.
The order of departure must be announced to employees at least one month before their scheduled leave, as outlined in Article D3141-6 of the Labour Code. Companies may adopt different timelines if a collective agreement allows for it, but in the absence of such terms, the one-month rule applies.
Once an employee submits a leave request, the employer should confirm acceptance or refusal within a reasonable timeframe. Officially, no fixed legal deadline exists for this validation. However, employers are required to inform employees of any refusal or change of dates at least one month before the planned departure.
Any refusal must be justified by one of the following:
Certain types of leave cannot be refused under any circumstances, such as sick leave or family-related leave.
If the employer does not respond in a timely manner, the leave is presumed accepted. In case of dispute, the employee must prove they submitted the request in advance and followed proper procedures.
In summary, employers must:
If these obligations are not met, the employer risks legal sanctions. This can include compensating the employee for any damages caused by improper leave management, along with potential fines if violations are proven.
While the employer retains final authority over scheduling leave, this control comes with clear legal responsibilities. Following the correct notice periods helps avoid disputes and ensures fair, transparent management of employee leave.
To simplify leave management and ensure compliance with these notice rules, companies can adopt leave management software. These tools centralise requests, send automatic notifications to managers, and ensure records are kept for future reference. This helps protect the company while ensuring employees’ rights are respected.
