The approach of the famous deadline of May 31 raises several questions, in particular on the methods linked to the postponement of paid leave.
As May 31 approaches, the date on which the counter for vacation days is reset, many are wondering how to manage the last paid vacation that 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.
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 the 1er June of the previous year and May 31 of the current year. 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 site of the public service specifies, it is always possible to postpone your paid holidays 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.
How do I request a postponement of leave?
If you wish to ask your employer to postpone your paid leave to the following year, you must send him a letter requesting leave to be postponed. In order to constitute a serious request, it is advisable to follow a certain model letter. You will need to specify the subject of your request, then mention the article of the Labor Code (Article L. 3141-22) relating to the terms of the collective company agreement, then specify the number of days that you want to postpone. The employer will then be free to accept this request, or to refuse it.
Are the holidays cumulative from one year to another?
As mentioned above, except in certain exceptional cases, it is up to the employer to decide whether to postpone your paid leave to the following year. If you reach an agreement, in particular through a letter of request, you could in fact accumulate leave not taken in year n to rest more in year n+1, or take a long trip for example.
How do I get paid for unused vacation?
In theory, any leave not taken before the deadline of May 31 is considered lost. On the other hand, the purchase of RTT days by the employer is authorized by law in France, on a voluntary basis. For this, the company must come to an agreement by mutual agreement with the employee concerned. In some structures, collective agreements set the framework and conditions for buying back RTTs, even if such an agreement is not imperative. “We mainly find this kind of agreement in large and medium-sized companies”, declared to Figaro the vice-president of the National Association of HRDs (ANDRH), Benoit Serre, last January.
In fact, if your company has set up a Time Savings Account (CET) at your disposal, it is possible to allocate RTT to it and transfer the rights from the fifth week of annual leave to it. This account can then be used to supplement his remuneration or to gradually cease his activity.
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