10 things you need to know before taking your summer leave

The summer period is more than ever expected to be a real breath of fresh air. But to enjoy the coming summer with complete peace of mind, you must first make sure that you are able to take your summer leave. Here are ten things you should know before going on holiday to ensure your peace of mind.

General rules for summer holidays

Each month, employees accumulate paid leave. Although the number of days off granted varies from one country to another, this rest period helps to preserve the health of workers. This is valid for all employees, whatever the company, regardless of public holidays (with the exception of several countries, which may deduct certain public holidays) and other days that may be accumulated under collective agreements (compensatory rest, seniority leave).

These days of rest should normally be used according to a reference period fixed by the employer or collective agreements. The employer must therefore inform his or her employees of the summer vacation period during which they will be able to take their rest days.

Can I take my summer holiday when I feel like it?

In theory, the employer has the right to impose the dates of your summer leave on you, in particular for companies whose activity slows down greatly or stops completely during the summer period (in August in particular).

Informing your boss well enough in advance allows him or her to organise the distribution of employees’ responsibilities, so that the business continues to operate normally.

If you work in pairs, be sure to make arrangements with your colleague as well. You will therefore have a better chance of obtaining your employer’s agreement. In the event of disagreement, however, the latter may ultimately turn down your proposed leave dates.

Collective agreements or branch agreements exist in many companies to define these rules more precisely, depending in particular on the sector of activity or the size of the company.

Who has priority for summer leave?

Employees with dependent children (up to 18 years old) have priority for booking summer leave during the school summer holidays. Similarly, employees in a couple (married or civil partnership) within the same company, will benefit from simultaneous leave.

The dates of the spouse’s leave may also be taken into account in the employer’s order of priority as some professions in the public sector have fixed leave dates (e.g. teachers, administrative staff). Seniority will also be an important criterion if the employer has to choose between two employees wishing to go on holiday during the same period.

Finally, part-time employees may be able to benefit from adapted dates. Harvest times can also be a special case requiring leave to be taken on specific dates.

How can I optimise my summer holiday?

If you don’t have enough available paid leave to go away for three weeks this summer, don’t panic! In principle, you can add your compensatory days of rest, accumulated during the Covid-19 period (if you have any, of course) to your summer leave, and thus extend the duration of your holiday. Again, it all depends on the collective agreements and company agreements, which you must consult beforehand.

You can also add your paid leave to public holidays, therefore benefiting from long weekends which will allow you to enjoy welcome moments of rest. Again, find out beforehand about the provisions of the collective agreements, as not all companies recognise this right.

Can I take unpaid leave in the summer?

If you run out of paid leave to join your friends or family this summer, you can, in agreement with your employer, request unpaid leave. The legislation does not particularly regulate such unpaid leave, although collective agreements very often specify the modalities.

Your boss is under no obligation to accept this request. The subject being quite delicate, everything will depend on the relationship you have with him or her. If so, remember to let your boss know well in advance to avoid putting him or her in a tight spot.

How many days off can I take at most?

Do you want to take a long road trip along the West Coast of the United States, and need to use almost all of your accumulated paid leave? It’s possible… mostly. An employee can generally use a maximum of four weeks of paid leave during the reference period. Exceptions may exist if they are justified by certain geographic constraints (employees from overseas territories for instance).

Health problems: what happens if I get sick during my summer holiday?

If employees have not been able to benefit from their leave for health reasons, sick leave allows them to claim the postponement of such leave until after the date of resumption of work. This postponement will be valid even in the event of a holiday imposed by the employer. The employee will then be entitled to a new period of leave.

If, on the other hand, the employee falls ill during their leave, no postponement will be possible in theory. The employer will nevertheless be required to pay the employee compensation in lieu of paid leave.

Am I obliged to take time off during the summer period?

Do you prefer to avoid crowds on the beach? Would you like to be able to keep your acquired leave to go away out of season, when the rates are more affordable?

You are not required to take all of your rest days during the summer period. However, except in exceptional cases, you will not be able to accumulate all of your days of paid leave to go away at the end of the year. At least part of the paid leave must be taken during the reference period. In practice though, branch agreements often allow you to carry over your leave from one year to the next.

Can I take leave during my first year?

For employees who have just changed companies, the issue of summer holidays is often taboo. They generally want to prove themselves, and do not always feel comfortable taking leave during this initial period. However, in the majority of cases, it is quite possible to go on summer holidays without necessarily having to complete a first reference period in full.

Employees can use their leave in advance in agreement with their employer, and of course on condition that they have already accumulated enough days since their arrival. An employee who arrived on 1 April may, for example, benefit from days off if they want to take leave in August. They will in fact have accumulated days of paid leave during the period between their start date and the summer period. Many companies that close for the summer also require their newly arrived employees to take early leave.

Can I carry over my leave from one year to the next?

An employer is under no obligation to accept your request to carry over leave from one year to the next. Leave not taken at the end of the reference period is theoretically lost, and the employer is not obliged to pay for it. However, exceptions exist, depending on the collective agreements.

In particular, a savings account may be set up in certain companies. A postponement can thus be considered in the context of a business creation or a sabbatical leave. The postponement of leave can also be at the initiative of the employer (even though he or she cannot impose this on you), or by mutual agreement.