Where the employment contract is terminated before the employee has been able to benefit from all of the leave to which he was entitled, he shall receive, for the fraction of leave that he did not benefit from, an indemnity in lieu of leave determined in accordance with Articles L. 3141-24 to L. 3141-27.
The indemnity is payable whether the employee or the employer is responsible for the termination.
This indemnity is also payable to the beneficiaries of an employee whose death occurs before he has taken his paid annual leave. The indemnity is paid to those heirs who would be entitled to obtain payment of the wages in arrears.