Subsection 2: Right to leave

The provisions relating to paid leave set out in Chapter One of Title IV of Book One of Part III which do not conflict with the provisions of this section shall apply.

Beneficiaries of this section are entitled to leave determined in accordance with the provisions of articles L. 3141-3 to L. 3141-31 if they can prove that they have worked for one or more of the subject employers for at least four weeks or thirty hours during the reference period. Each day of paid leave is considered, for the purposes of determining entitlement to subsequent leave, as corresponding to one day’s…

The employer shall issue to the employee whom he ceases to employ or who may benefit from his annual leave a certificate justifying his entitlement to leave in duplicate. This certificate shall indicate: 1° The duration of the engagements or the number of fees completed on behalf of the employer in the preceding twelve months and the amount of remuneration paid during the period in question; 2° The name and…

The employee shall send a copy of the certificate proving his holiday entitlement to the paid holiday fund provided for in subsection 3.

If, at the time of the employee’s departure, the employer has not issued the certificate proving the employee’s entitlement to leave, the employee may request it within six months of his or her departure. If the employer refuses, the employee must inform the leave fund.

The payment of contributions made by the employer in application of article D. 7121-44 exempts him from the payment of the compensatory leave indemnity, provided for in article L. 3141-28, in the event of termination of the employment contract of an employee who has been with the company for at least one month and who has not benefited from his paid leave.

To benefit from continuous annual leave, in application of article D. 7121-31, the employee must send the paid leave fund the certificates he has received from his employer or successive employers. This transmission is made at least fifteen days before the date on which the employee takes his leave. After verification, the fund will pay the employee the amount of compensation to which he/she is entitled upon presentation of proof…

The amount of the daily leave allowance is equal to the average daily remuneration received by the person concerned in the undertakings in which he/she was employed during the period taken into consideration for the determination of the leave entitlement. The amount of the daily allowance may not exceed the maximum figure set in the collective labour agreements or by arbitration award made under the conditions provided for in Articles…