As May 31 approaches, the date when the counter for vacation days is reset, many are wondering how to manage the last
paid vacation
they have left.
Is it possible to carry over this remaining leave to the following year?
Should you arrange directly with your employer?
Le Figaro
answers your questions.
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When do you lose your paid vacation?
In theory, the law is clear on the subject: paid leave must be settled before the end of the reference period, that is to say between June 1 of the previous year and May 31 of the year In progress.
If they are not taken, they are lost.
The employee must therefore keep a watchful eye so as not to get caught up in time and end up with unpaid leave.
However, there are a few exceptions.
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Is it possible to postpone your holidays beyond May 31?
A postponement of paid vacation days remains possible if the collective agreement of the company specifically stipulates it.
And, as the official website of the public service specifies, it is always possible to postpone paid leave to the following year "
in the event of an agreement between the employer and the employee
".
If he does not agree, the employer is entitled to refuse a postponement of paid leave beyond May 31.
Provisions are also made for employees returning from maternity leave as well as for employees benefiting from a time savings account (CET), for whom it is possible to defer the rights resulting only from the fifth week of annual leave or RTT.
Finally, if the employee falls ill during his leave period, the employer must postpone the remaining days of leave if the collective agreement so provides.
In the absence of conventional provisions, the European judge considers that the postponement of paid leave is necessary, because this position has not been confirmed by the French judge.
If the employer does not grant a postponement to the employee arrested during his leave, the employee can refer to the industrial tribunal to request that this postponement be obtained.
Can I see my request for paid leave refused even before May 31?
Your employer has the right to refuse you paid leave before May 31 in two distinct cases.
The first, the one where the activity of the company could particularly suffer from your absence because of a heavy workload.
If he refuses that you go on leave for the period you request, he must then communicate his decision to you at least one month before the departure date and postpone your leave to the following year.
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Then, if your employer has offered you dates several times but you have refused them for personal reasons, and he is now refusing your offers of paid leave, he is totally within his rights.
He can also agree to postpone them to the following year.
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