The effects of leave on notice.

The notice period is the period that is still being worked before the official departure of a person who has resigned. The purpose of this period is to maintain professional activity while a replacement is found for the person or the handover between the two employees.

The notice period is calculated in calendar days. Note that when it is expressed monthly, it ends the day before the date indicated on the resignation or dismissal letter.

💡 Leave, RTT and Notice

Taking leave during the notice period, which is supposed to be a period worked, is therefore not permitted (unless negotiated between the employee and the employer). Indeed, if the employee wishes to take advantage of their accrued but unused vacation days, they may, but this will extend the notice period by a period equivalent to the number of vacation days taken.

Depending on whether the vacation days were scheduled before or after the notification of termination of contract, the consequences on the notice period will vary.

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• Before the notification of termination of contract:If the vacation has already been validated, the employee will be able to take it as planned. Thus, the notice period will be suspended during the employee's vacation and the notice period extended by a period equivalent to the number of vacation days taken.

• After the notification of termination of contract:If there is mutual agreement, the notice period is not suspended during the vacation (unless otherwise agreed between the employer and the employee). The notice period is therefore not extended by the duration of the leave taken.

🤝 As an employer, can you impose the taking of leave rather than paying the employee at the end of their contract?

Whether the notice period is a notice of dismissal or resignation, it is possible to authorize the employee to take leave, but this will never be subject to taxation. It must be the result of a mutual agreement. 

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🧐 What happens if the company closes and the employee is on notice?

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In this specific case, the employee on notice may be required to take their leave before the company closes. The notice period is therefore not suspended and is therefore not extended by the duration of the leave.

The employee will have to receive two compensations: one for the notice period that is not worked due to the closure of the company; and one for paid leave corresponding to the duration of the closure of the company due to annual leave.

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💡 Please note: if you have to terminate an employee's employment contract while they are on leave, the notice period will begin at the end of that leave in question!

🤓 How does it work if there is an agreement?

Leave can therefore reduce employees' notice period, provided the employer agrees. In this case, the notice periods will not be suspended even though the employees take the leave they are due. As an employer, you must therefore validate the leave days in advance so that your employee takes them on the scheduled dates.

👍 What about RTTs?

RTTs differ from paid leave in terms of rules: they are days of compensation for overtime hours set by agreement. In this sense, taking RTT during the notice period is not supposed to postpone the end of the notice period, but this is not really specified in the texts.

✔️ What else can extend a notice period?

If an employee falls ill during their notice period, it will be extended. It doesn't matter whether you receive a guaranteed salary from your employer or compensation from your health insurance for these sick days.

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💡 Complete guide: managing your employees' leave.