Every employee in a company is entitled to a period of paid leave, regardless of their status (full-time or part-time), type of contract (fixed-term, permanent, or other), and seniority. The length of this leave is proportional to the number of days worked. This suggests that any absence will have an impact on the number of days of paid leave. However, this is not entirely true. The worker's absences during certain periods are not included in the calculation of absences and paid leave.
How does the acquisition of vacation days work?
According to the Labor Code, the formula for calculating the number of paid leave days is very simple: "Whether the employee works full-time or part-time, they acquire 2.5 working days per month of actual work with the same employer. »
Installing gta software in your company can help you better calculate and track your employees' vacation days.
Two calculation methods are available to you:
Working days method
With this first method, the employee is entitled to 2.5 days of paid leave for 24 working days (remember that a working day corresponds to all days of the week except the weekly day of rest, generally Sunday).
Working days method
The second method, that of working days working days, gives 2.5 days of paid leave for 20 working days (these days only count the 5 working days per week).
Thus, for an employee who has worked for a full year, a period of 30 working days (5 weeks) of paid leave is granted. Proportionally, for 7 months of work, the employee receives 18 days of paid leave (7 x 2.5 = 17.5, always rounded up, so 18).
In some cases, it is possible to obtain additional paid leave, including:
- 2 additional days of leave (per 12 days of paid leave obtained) for workers over 21 with a dependent child.
- 30 days of leave for any employee under 21, however, additional days beyond the paid leave obtained will not be compensated.
- Certain provisions put in place by the collective agreement or a company agreement may provide for more advantageous calculation methods for employees.
For part-time employees, find out more about how the part-time vacation calculation.
The amounts to include and exclude in paid vacation compensation
Indeed, when calculating your compensation, not all amounts need to be included. Here are the amounts taken into account and not taken into account in the calculation of the compensation.
Amounts to include
This is your base salary in addition to your increases (overtime, night work, etc.) as well as paid holiday compensation, seniority bonuses, attendance bonuses, on-call bonuses, commissions for sales representatives, expatriation bonuses, benefits in kind, 13th month bonuses, partial activity, compensation for non-compete obligations, end-of-contract compensation and interim contract end-of-mission compensation.
Amounts to exclude
The amounts not taken into account in the calculation are: end-of-year bonuses, profit-sharing bonuses, balance sheet bonuses, participation bonuses, and professional expenses.
The different methods for calculating your paid leave compensation?
And yes, during your paid leave days you do not receive your salary, but rather compensation. The calculation of the amount of the latter depends on different amounts.
Having understood the amounts included in the calculation of your compensation during your paid leave, the question now is how to actually calculate this amount.
There are two distinct methods for calculating compensation: the tenth method and the salary maintenance method:
The tenth method
This involves taking 1/10th of the employee's total gross remuneration over the reference period. The amount taken into account includes overtime increases, as well as certain bonuses. This method is ideal for an employee who regularly works overtime.
For example, if an employee receives €21,840 gross during the reference period (i.e. €1,820 per month), the compensation will be €21,840 / 10 = €2,184 for 30 working days of leave. The amount for two weeks of leave will then be €2,180 x 12 / 30 = €873.60.
The salary retention method
Salary retention allows the employee to receive the same compensation during periods of paid leave. This method is particularly advantageous if the employee has recently received a raise.
Example: Still for the same employee, if we take 7 hours of work per day and 21 days of work per month, the compensation for 70 hours of paid leave will be: 1820 x 70 / (7 x 21) = 866.66 euros.
It is important to keep in mind that the employer must calculate using the method that is most advantageous for the employee.
Which periods of absenteeism are included in the calculation of paid leave compensation?
The employee's absence during certain periods can directly affect the calculation of the number of days of paid leave, as well as on the compensation that the latter receives. However, certain periods of absence are considered effective working time and are therefore included in the calculation of the number of days of paid leave.
The Labor Code defines the periods considered effective working time as:
- paid leave;
- compensation for overtime rest;
- maternity leave;
- paternity leave;
- adoption and child care leave;
- compulsory leave for work-related accidents (limited to one year);
- work stoppages due to occupational illness or commuting accidents (limited to one year);
- leave training;
- leave for family events;
- recall or continuation of national service.
Similarly, certain periods are not included in the calculation of paid leave days by the rule of 2.5 days per month of work. These periods are:
- periods of sick leave;
- periods of strike;
- periods of full-time parental leave;
- family solidarity leave;
- parental presence leave;
- layoff.
Certain contractual provisions may be put in place for a more favorable calculation of paid leave days.
That said, it is not necessary to prove a full year of work to obtain all the annual paid leave days. In fact, it is sufficient to prove 48 weeks of actual work (including days of absence). It is thus possible to obtain 30 days of paid working leave even with 4 weeks of absence not assimilated.
