Key facts
- Entitlement: 2.5 working days per month of actual work, 30 a year; reference period from 1 June to 31 May, unless an agreement provides otherwise (Art. L.3141-3 and R.3141-4).
- Dates: the leave period always includes 1 May to 31 October; it is announced 2 months ahead, and the order of departures 1 month before each departure.
- Holiday pay: the more favourable of one tenth of gross pay over the reference period and the salary the employee would have earned (Art. L.3141-24).
- Sickness: since 10 September 2025, leave days that coincide with a notified sick note are carried over; during non-work-related sickness, 2 days accrue per month.
- Birth: paternity leave of 25 calendar days and, since 1 July 2026, an additional birth leave of 1 or 2 months per parent.
- Public holidays: 11 statutory public holidays; only 1 May is a mandatory day off, and it is paid double if worked.
How many days of paid leave does an employee earn in France?
Each month of actual work with the same employer gives 2.5 working days of leave, up to 30 working days (5 weeks) a year; 4 weeks or 24 days of work count as a month (Art. L.3141-3 and L.3141-4). The law counts leave in jours ouvrables, i.e. 6 working days a week. Leave can be taken from hiring, part days are rounded up to the next whole day, and the company may count in jours ouvrés (days normally worked in the company) instead if entitlements are at least equal (Art. L.3141-7 and L.3141-12).
The reference period is set by collective agreement; failing that, it runs from 1 June to 31 May, or from 1 April for occupations affiliated to a paid leave fund (caisse de congés payés) (Art. L.3141-10, L.3141-11 and R.3141-4).
| Absence | Rule |
|---|---|
| Paid leave, maternity, paternity, adoption | Treated as actual work |
| Mandatory rest in lieu, rest days under a working time arrangement | Treated as actual work |
| Work accident, occupational disease | Treated as actual work, without time limit |
| Non-work-related sickness or accident | 2 working days earned per month, 24 at most per reference period |
| Family event leave | Treated as actual work, not deducted from paid leave |
For a part-time employee, leave is counted as for a full-time employee, on 6 working days a week, unless the company counts all leave in jours ouvrés (judgment of the Cour de cassation, France's highest court for civil and criminal matters, 10 September 2025, No. 23-22.732).
Who sets leave dates, and with what notice?
A collective agreement sets the leave period, the order of departures and the notice for changes; failing that, the employer sets them after obtaining the opinion of the social and economic committee (CSE, the staff representative body), taking into account family situation, length of service and any activity with another employer (Art. L.3141-15 and L.3141-16). The leave period always includes 1 May to 31 October (Art. L.3141-13).
| Step | Notice |
|---|---|
| Announcing the leave period | At least 2 months before it opens (Art. D.3141-5) |
| Giving each employee the order of departures | 1 month before their departure (Art. D.3141-6) |
| Changes to dates by the employer | Not less than one month before departure, except in exceptional circumstances (Art. L.3141-16) |
Spouses and civil partners (PACS) who work in the same company are entitled to take leave at the same time (Art. L.3141-14).
Split-leave days
Leave taken in one go may not exceed 24 working days, except by individual exemption. Beyond 12 days, it can be split with the employee's agreement (except when the company closes), with one part of at least 12 consecutive working days (Art. L.3141-17 to L.3141-19). Without an agreement, that part is taken between 1 May and 31 October, and the employee earns 2 extra days if they take at least 6 days of the main leave outside that period, or 1 day for 3 to 5 days; the fifth week does not count, and the employee may waive these days by individual agreement (Art. L.3141-21 and L.3141-23).
Example: an employee takes 18 days of their main leave in August and the other 6 in February. They are entitled to 2 split-leave days. Their fifth week, taken in December, is not counted.
Carrying over unused leave
An agreement may allow carry-over until 31 December of the following year if working time is counted annually; otherwise, carry-over requires mutual agreement (Art. L.3141-22). An employee who refuses to take leave despite several invitations loses it unless it is carried over: keep a record of these invitations.
Sick during paid leave: must the days be carried over?
Yes. Since the published judgment of the Cour de cassation of 10 September 2025 (No. 23-22.732), an employee who falls ill during paid leave is entitled to take later the days that coincide with the sick leave, provided they notified the employer; those days are not deducted from their balance. This reversal relies on Directive 2003/88 and on the case law of the Court of Justice of the European Union. The Labour Code has not been amended: the rule comes from the courts.
Example: an employee on leave for 3 weeks sends a sick note covering 6 working days of the leave: those 6 days stay on their balance and will be taken later.
If sickness prevents the employee from taking leave, it is carried over for 15 months from the notice given to the employee after their return. The employer gives this notice within the month after the return, by a means that gives a certain date (such as the payslip), with the number of days and the deadline (Art. L.3141-19-1 to L.3141-19-3). For leave earned during sick leave that has lasted at least 1 year at the end of the reference period, the carry-over runs from that date and is suspended on return until this notice is given.
During sick leave for non-work-related sickness, the employee earns 2 working days per month, 24 at most per reference period (Art. L.3141-5-1). These rules also apply to sick leave since 1 December 2009, up to a total of 24 working days of leave per reference period. An employee still in post, however, had to bring a claim within 2 years of the entry into force of the law of 22 April 2024, on 24 April 2024: that period has expired. For an employee who has left the company, Service-public refers to the 3-year limitation period for pay in lieu of leave (indemnité compensatrice). See also our page Sick leave in France.
Holiday pay: one-tenth rule or salary maintenance?
The employer pays the more favourable of two calculations: one tenth of the total gross pay received during the reference period, or the salary the employee would have earned had they worked (Art. L.3141-24).
- The one-tenth base includes the previous year's holiday pay and periods treated as work; periods of non-work-related sickness count at 80% of the corresponding pay.
- Benefits in kind not maintained during leave are included (Art. L.3141-25). Year-end bonuses, balance-sheet bonuses (prime de bilan), profit-sharing (intéressement and participation) and business expenses are excluded; a 13th-month payment or a length-of-service bonus counts only if it is not paid for the whole year, periods of work and leave combined.
- Leave dates and holiday pay appear on the payslip for the period (Art. R.3243-1).
- When the contract ends, compensation is due for leave not taken, whoever ends the contract, including to the heirs if the employee dies (Art. L.3141-28).
Example: an employee received €38,000 gross during the reference period, overtime included. One tenth is €3,800 for their 30 working days of leave, i.e. €126.67 per day. If salary maintenance gives more for the days taken, that amount applies.
With weekly hours counting, leave days also count towards the overtime threshold (judgment No. 23-14.455 of the same 10 September 2025): see From time clock to payroll.
Public holidays and the solidarity day: what does the law say?
The Labour Code lists 11 public holidays: 1 January, Easter Monday, 1 May, 8 May, Ascension Day, Whit Monday, 14 July, 15 August, All Saints' Day, 11 November and Christmas Day (Art. L.3133-1, list unchanged since 2016). Alsace-Moselle has its own days, including 26 December and, in some municipalities, Good Friday.
- Only 1 May is a mandatory day off, with no loss of pay; an employee who works that day, in an establishment that cannot stop its activity, receives an allowance equal to their salary on top of it (Art. L.3133-4 to L.3133-6).
- Other public holidays given as days off are set by agreement or, failing that, by the employer; after 3 months' service, they cause no loss of pay, except for homeworkers, intermittent and temporary workers (Art. L.3133-3).
- A public holiday that is usually a day off in the company and falls during leave is not deducted from leave; a public holiday that is usually worked is deducted.
- Solidarity day: 7 unpaid hours, pro rata for part-time staff, one day for staff on forfait jours (an annual arrangement counted in days), set by agreement or, failing that, by the employer after consulting the CSE (Art. L.3133-7 to L.3133-12). It does not count towards the overtime quota and gives no rest in lieu; a second day with a new employer is paid or may be refused.
Pending: a bill passed by the Senate on 16 June 2026 and referred on 17 June 2026 to the National Assembly's social affairs committee would use sector agreements to regulate work on 1 May by volunteer employees of artisan bakers and pastry makers and of artisan florists. It has not been finally adopted.
Family leave, paternity and birth leave: how long in 2026?
Family event leave lasts from 1 to 14 working days depending on the event, on proof and with no loss of pay (Art. L.3142-1, L.3142-2, L.3142-4 and L.3142-5):
| Event | Minimum length |
|---|---|
| Employee's marriage or civil partnership (PACS) | 4 days |
| Marriage of a child | 1 day |
| Birth, or arrival of a child for adoption | 3 days |
| Death of a child | 12 days; 14 days if the child was under 25 or was a parent, or for a dependant under 25 |
| Death of a spouse, civil partner, cohabiting partner, parent, parent-in-law, brother or sister | 3 days |
| Diagnosis of a disability, chronic illness or cancer in a child | 10 days, since the law of 12 June 2026 |
In addition, a bereavement leave of 8 days, which can be split, is taken within the year with 24 hours' notice, for the death of a child under 25 or of a dependant under 25 (Art. L.3142-1-1).
Paternity leave
It lasts 25 calendar days (32 for multiple births): 4 consecutive days right after the 3 days of birth leave, then 21 days (28 for multiple births) to be taken within 6 months of the birth (Art. L.1225-35 and D.1225-8). The employer may not employ the employee during these 3 plus 4 days, unless the employee cannot receive benefits. The employee gives the expected date of birth at least one month in advance; the 21 days can be taken in 2 periods of at least 5 days, each announced at least one month in advance.
Additional birth leave
Since 1 July 2026, each parent of a child born or adopted since 1 January 2026 (or born earlier when the birth was initially expected between 1 January and 30 June 2026) can take, after maternity, paternity or adoption leave, a leave of 1 or 2 months, which can be split into 2 periods of one month (Art. L.1225-46-2 to L.1225-46-7).
- It starts within 9 months of the birth or arrival of the child; for a child born or arrived between 1 January and 31 May 2026, by 31 March 2027 at the latest.
- The employee notifies the employer by registered letter or hand delivery against receipt at least one month in advance, or 15 days in advance if the leave immediately follows paternity or adoption leave.
- The employer may neither refuse nor postpone it if the conditions are met; the contract is suspended, and the employee returns to the same or an equivalent job, with a career review interview (entretien professionnel) on return.
- The employee receives daily allowances of 70% of net salary in the first month and 60% in the second, with salary capped at the social security ceiling (€4,005 a month in 2026).
Common mistakes
- Deducting from the leave balance the days when the employee was on sick leave during their holiday, even though they notified the sick note.
- Counting a part-time employee's leave only on the days they work: it is counted on 6 working days a week, unless all leave is counted in jours ouvrés.
- Forgetting split-leave days when part of the main leave is taken outside 1 May to 31 October, without the employee waiving them.
- Calculating holiday pay only with the one-tenth rule, or only with salary maintenance, without comparing the two, or leaving out periods of non-work-related sickness, to be counted at 80%.
- Not telling the employee their balance within the month after a return from sick leave: the 15-month carry-over period does not start.
- Granting fewer than 10 working days for the diagnosis of a disability, chronic illness or cancer in a child: that is the minimum since the law of 12 June 2026.
Your checklist
- Set the leave period and the order of departures, after the CSE's opinion where there is no agreement, and announce the period at least 2 months before it opens.
- Give each employee the order of departures one month before their departure, then do not change their dates except in exceptional circumstances.
- Invite employees to book their leave and keep a record of these invitations.
- Grant the split-leave days due, unless the employee waives them or an agreement provides otherwise.
- Re-credit leave days covered by a sick note notified during the holiday.
- Inform an employee back from sick leave, within the month and by a means that gives a certain date, of their balance and deadline.
- Calculate holiday pay with the one-tenth rule and with salary maintenance, and pay the more favourable amount.
- Check the conditions for additional birth leave, acknowledge receipt and plan the career review interview on return.
How Luxapps helps
FXP and MySafeBox keep leave balances and requests up to date day to day. In France, they are configured for the country's rules and connected by API to your payroll software.
Balances, requests and online approval, and a team calendar to organise the order of departures.
FXP and MySafeBoxApproved leave and absences feed the month's payroll variables, sent to your payroll software after checking and closing.
FXP and MySafeBoxTargeted distribution of documents with acknowledgement of receipt, for example for the post-sickness notice or the invitation to book leave.
FXP and MySafeBoxOn the web and mobile, employees check their balances and submit their requests.
FXP and MySafeBoxFrequently asked questions
Each month of actual work gives 2.5 working days of leave, i.e. 30 working days (5 weeks) for a full year. Part days are rounded up to the next whole day, and 4 weeks or 24 days of work count as a month. Some absences count as actual work, such as maternity leave or a work accident.
Without a collective agreement, the reference period runs from 1 June to 31 May. It starts on 1 April for occupations affiliated to a paid leave fund. A company or sector agreement may set another period.
Yes, since a judgment of the Cour de cassation of 10 September 2025. An employee who falls ill during paid leave and notifies the employer of the sick note can take later the days that coincide with it. Those days are not deducted from their balance.
Without an agreement, an employee who takes at least 6 days of the main leave outside 1 May to 31 October earns 2 extra days of leave, and 1 day for 3 to 5 days. The fifth week does not count. The employee may waive these days by individual agreement.
Paternity leave lasts 25 calendar days, 32 for multiple births, including 4 mandatory days right after the 3 days of birth leave. Since 1 July 2026, each parent of a child born or adopted since 1 January 2026 can also take an additional birth leave of 1 or 2 months, paid at 70% then 60% of capped net salary.
Yes. In establishments that cannot stop their activity, an employee who works on 1 May receives, on top of their salary, an allowance equal to that salary. 1 May is the only public holiday that is a mandatory day off.
Official sources
- Cour de cassation, employment chamber, 10 September 2025, No. 23-22.732 (sickness during leave, part-time)
- Cour de cassation, employment chamber, 10 September 2025, No. 23-14.455 (paid leave and overtime)
- Decree No. 2026-425 of 30 May 2026 on additional birth leave (Légifrance, in French)
- National Assembly, legislative file on volunteer work on 1 May (in French)
- French Senate, legislative file for bill No. 588 (2025-2026) (in French)
- Code du travail numérique, Sick during paid leave: can the leave be carried over? (11 September 2025, in French)
- Service-public Entreprendre, Paid leave and non-work-related sickness: the changes in examples (A17308, in French)
- Service-public, How is an employee's holiday pay calculated? (F33359, in French)
- Labour Code, Art. L.3142-4, version of 14 June 2026 (Code du travail numérique, in French)
- Code du travail numérique, Additional birth leave: how to inform the employer (1 June 2026, in French)
This guide sets out the general rules in force on 5 October 2026. It is not legal advice for your situation (collective agreement, sector, employee status).