Please refer to our previous article for an explanation of how paid annual leave accrues in French companies, including a summary of reference periods.
Until 2016, annual leave accrued in the current reference period had to be saved, then spent during the next reference period. Legal changes in 2026, mean that French employees may use their annual leave as soon as it accrues, although certain rules do still apply.
To provide further clarity, this article answers some common employer questions about using paid annual leave in France.
Can a French employee book a holiday without accruing enough paid leave?
The employer may grant unpaid leave in certain circumstances. Some may agree to extra paid leave not yet accrued, on the basis that the employee will ‘reimburse’ it (congé par anticipation).
Note, however, that congé par anticipation should be used with caution. If the employee’s contract should be terminated before the leave is reimbursed, it will be difficult to recover payment for those extra days taken as it would be considered a deduction from earnings.
What rules currently govern when paid leave should be taken in France?
Employees must take a minimum of two consecutive weeks (and a maximum of four consecutive weeks) of paid leave between 1st May and 31st October each year. For this reason, employees in their first year at a new company must be careful not to use all their leave as soon as it accrues. The fifth week of annual leave must then be taken outside of the summer period.
(Note that the start date of the summer period – 1st May – differs from the start of the annual leave reference period, which is 1st June).
Paid annual leave must also be taken within one year after the reference period ends, so as not to be lost. For example, annual leave accrued during the reference period of June 2025 to May 2026 must be used before 31st May 2027. In some cases, the employer may agree to carry a certain number of days (usually a maximum of five) into the next reference period but this is not common practice in French businesses.
What happens if two employees want to take the same leave dates?
The employer will decide, based on set criteria that may include:
- Family constraints
- Personal circumstances
- Length of service
- Seniority in the company
- Business necessity
While this criteria is provided for by French law, many employers simply operate on the ‘first come, first serve’ basis commonly used in many other countries. In all cases, the employer’s priority will be to maintain optimal business operations.
How is paid annual leave managed and recorded in France?
The employer has an obligation to grant leave, and the employee has an obligation to take the leave granted to them. Unspent holidays cannot be paid and will be lost if not used, so employers should remind their staff to take their leave throughout the year. French employers should also be fully aware of any specific leave requirements set out in the company’s convention collective.
The employer is responsible for accurately recording leave accruals, usage, and remaining balances. In compliance with French labour law, paid annual leave must be precisely recorded on the company payslips, which must show the amount of leave an employee has accrued, taken, and has remaining.
How else might a French employer manage employee leave requirements?
Congé de fractionnement, or staggered leave, is sometimes used to reward employees who do not take much holiday during summer. Extra days may be claimed if these employees have a minimum amount left at the end of the summer period.
Note that this provision must be checked both in the company’s convention collective and employment contracts, as these may state specific rules or waive the right to staggered leave altogether.
Are there specific leave provisions for sickness?
Since 2024, French employees who are on sick leave will continue accruing annual leave at a rate of two days (jours ouvrables) per month, to a maximum of 24 days per year. If an employee is sick during their holiday, they are entitled to cancel the relevant leave days.
The law also specifies that when an employee is unable to take all or part of their leave due to sickness or an accident, they will benefit from carry-over period. This is usually for 15 months, although the company’s convention collective may allow for a longer period.
Please contact us for bespoke guidance about how annual leave can be used and managed in your French company, or view our full range of French HR services here.
