Marriage or PACS leave: how to benefit from it?

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On the occasion of a marriage or a civil solidarity pact (PACS), an employee has the right to take advantage of specific leave regardless of their type of contract.

This is information that should delight more than one couple wishing to go on honeymoon or simply take a break from work. In the spirit of maternity or paternity leave but also special sick child leave, marriage or PACS offers the possibility of taking a break from one’s professional activity. The duration of this leave for employees is defined by the Labor Code but it can change according to the collective agreements of the companies. As a general rule, employees who marry or enter a civil partnership can benefit from four days of leave. Note that these cannot be deducted from annual paid leave. On the other hand, this leave is indeed paid and each employee can benefit from it regardless of his level of seniority in the company.

“These provisions are of public order: no collective agreement or collective agreement may have the effect either of depriving the employee of the right to be absent when one of these events occurs, or of restricting the exercise of this right. . Thus, for example, the law not providing for any condition of seniority to benefit from these leaves, no collective agreement or collective agreement (nor the employment contract) can validly impose such a condition.can we read on the website of the Ministry of Labor, Full Employment and Integration.

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Award conditions

Temporary workers, people hired and paid by a temporary employment company (ETT) in order to carry out assignments of limited duration in companies, benefit from the same rights as employees vis-à-vis this union leave. They can thus benefit from four days of paid leave. To take advantage of this break, you should make a request to your employer in advance, indicating the desired date for this period of leave. It is important to specify that the dates of marriage leave or PACS must correspond to the period during which the event takes place.

In other words, before and/or after the day of the union. After which, it is advisable to provide a copy of the marriage certificate or the agreement of PACS as proof of his return to the company. Given that the Civil Code distinguishes between marriage and PACS, an employee who marries after having entered into a PACS has the right to reapply for marriage leave. Ditto for a divorced employee who would come to remarry. Companies are also obliged to grant an employee a day off when their child marries.

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