Subsection 3: Additional provisions

In the absence of a stipulation in the agreement referred to in article L. 3142-117, the annual paid leave due to the employee in excess of twenty-four working days may be carried over, at his request, until the start of the leave, under the conditions set out in this paragraph. Such paid leave may be accumulated over a maximum of six years.

An indemnity in lieu is paid to the employee on his departure for all the paid leave from which he has not benefited. The first paragraph of this article does not apply when the employer is required to join a paid leave fund mentioned in article L. 3141-32.

If leave is waived, the employee’s paid leave carried over in application of article L. 3142-120 is added to the annual paid leave. This deferred paid leave is added to the annual paid leave each year, in fractions of six days and until it is used up, from the date of the waiver. No paid leave may be carried over under article L. 3142-120 until it has been used up.

In the event of termination of the employment contract, the employee will receive compensation for the paid leave entitlement carried over. These provisions do not apply when the employer is required to join a paid leave fund mentioned in article L. 3141-32.

The compensatory allowances provided for in this paragraph are calculated in accordance with Articles L. 3141-24 to L. 3141-27.