Individual employer: leave of the employee employed at home
Verified 18 September 2026 - Public Service / (Prime Minister)
An employee employed at home by an individual is entitled to leave in the same conditions that any other employee. However, some specific rules shall be fixed by collective agreement private employers and home employment. We're taking stock of the regulations.
Yes, the employee is entitled to paid leave.
Length of paid leave
The number of days of paid leave is calculated on a reference period ranging from 1er June from year N-1 to May 31 of year N.
If the employee works the entire reference period
The employee acquires 2.5 working days of paid leave per month of actual work (either every 4 weeks or every 24 days worked). Over a full year, this represents a total of 30 working days (5 weeks).
If the employee has not worked all year, the number of days is calculated according to the actual working time. If the result has a decimal, it is rounded up to the next integer.
Example :
An employee who worked 7 months, from 1er November to May 31, is entitled to 18 days off (2.5 x 7 = 17.5 rounded to 18 days).
If the employee is in an occupational or accident at work illness during the reference period
The employee on sick leave due to an accident at work or illness of occupational origin is entitled to 2.5 working days paid leave by month, by period of 4 weeks or 24 days. For a full year, this corresponds to 30 working days.
If the employee is in non-occupational illness or accident during the reference period
The employee, on sick leave related to a non-occupational accident or disease is entitled to 2 working days paid leave by month, by period of 4 weeks or 24 days. For a full year, this corresponds to 24 working days.
If the employee alternates periods of work, work stoppages or for non-occupational sickness and accident during the reference period
The acquisition of paid leave is made at pro rata of each period.
Example :
An employee has been on sick leave of non-occupational origin for 2 months, of 1er August to September 30, 2025. He has the right to benefit from 2 days workable per month (or 4 working days) in respect of sick leave.
He will therefore acquire 29 days paid leave (country leave acquired during sick leave and paid leave acquired while working):
- 5 days from 1er June to July 31, 2025: 2 x 2.5 days = 5 days
- 4 days from 1er august to september 30, 2025 (illness): 2 x 2 days = 4 days
- 20 days from 1er october 2025 to may 31, 2025: 8 x 2.5 days = 20 days.
If the employee is a young person under 21 years of age
The employee of less from 21 years at April 30 of the year previous is entitled, on request, to a total of 30 working days of leave, regardless of seniority.
However, the days taken more of those actually acquired are not paid. These extra days are taken in the form of leave without pay, except where more favorable treaty provisions apply.
If the employee has dependent children
The number of days of paid leave may be increased based on age the employee and the presence of children at his load.
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Employee under the age of 21
Employees under the age of 21 on April 30 of the previous year are entitled to 2 days of additional paid leave by dependent child living at home.
If the main leave does not exceed 6 days, additional leave per dependent child shall be reduced to 1 day.
Example :
An employee with 2 dependent children and 5 days of paid leave can take 7 days (5 days + 2 days of additional leave).
Employee aged 21 or over
If the employee has children living at home and in his/her care (i.e. under 15 years of age on 30 April of the current year or with a disability), he/she may benefit from an additional 2 days per child.
The total leave (annual and additional accumulated leave) may not exceed 30 working days.
Example :
An employee who worked 7 months, from 1er November to May 31, is entitled to 18 days off (2.5 x 7 = 17.5 rounded to 18 days).
An employee with a dependent child who has earned 12 days of leave may take 14 days of leave (12 days + 2 days of additional leave).
Fixing dates for paid leave
The dates of departure on leave are set by the employer at least 2 months in advance. They may also be fixed with a common agreement between the parties.
If the primary leave exceeds 12 working days, days beyond these 12 days may be taken during the period of 1er May to October 31 or outside this period, provided there is a written agreement between employee and the employer.
Where acquired rights are inferior at 12 working days, leave must be taken in totality and in continuous.
For an employment contract in shared custody, the date of paid leave shall be fixed by individual employers by mutual agreement.
Please note
The information period of 2 months must be specified in the contract of work. It must allow the employee to organize his vacation.
Splitting and additional days for splitting holiday pay
Paid leave can be taken in 1 time only or in split. The individual employer may divide the main leave if the employee agrees.
Where days of main leave are taken outside the period from 1 ᵉʳ May to 31 October, the employee shall acquire additional days of leave for splitting:
- 1 day for 3 to 5 days taken outside the period,
- 2 days from 6 days.
However, if the splitting is at the initiative of the employee, the employer may package its agreement to the written waiver from the employee to these extra days.
The 5th week off can be attached the main period of 4 weeks (24 working days) if the two parties agree. She gives never straight to split days.
Statement of Paid Leave
The 1er day of paid leave is 1er business day where the employee should have worked normally. Then the employer counts every working day until the back-to-work watch.
Example :
An employee working the tuesday, thursday and friday request a week's paid leave. It ceases its activity on friday night. Sound 1er counted off day is tuesday (1er day he should have worked). The employer then counts down every working day until the day before it resumes: from Tuesday to Monday inclusive, or 6 working days counted (Tuesday, Wednesday, Thursday, Friday, Saturday and Monday). The employee takes over the tuesday morning next.
Please note
If the employee is on sick leave before or during paid leave, days of paid leave that coincide with the period of the work stoppage, are not not counted.
Yes, leave for personal convenience, unpaid, may be granted in writing at the request of the employee, respecting a sufficient period of notice to be replaced.
The employee has not the obligation to justify his request.
The employer may refuse this leave and not the obligation to explain his refusal.
This leave, which suspends the employment contract, does not enter not on account for the calculation of the duration paid annual leave or in seniority of the employee.
Warning
If the individual employer did not agree on leave for personal convenience, the absence of the employee may be considered as an absence unjustified.
An employee employed by an individual employer is entitled to same leave and absence permissions than any other employee:
- Authorization for paid absence for the follow-up of pregnancy or medical assistance with procreation
- Maternity leave
- Paternity and childcare leave
- Paternity and foster care leave if the child is hospitalized at birth
- Adoption Leave
- 3 days of birth or adoption leave
- Parental Leave full-time or to part-time
FYI
In addition to the 3-day birth or adoption leave, the employer must grant the employee 1 business day additional unpaid if the latter is obliged to travel more than 600 km round trip. To benefit from this additional day, the employee must make the request to his employer.
An employee employed by an individual employer is entitled to same leave than any other employee:
- Leave for sick children
- Parental Attendance Leave
- Caregiver Leave
- Family solidarity leave
- Occurrence of a child's disability.
FYI
When announcing the occurrence of a child's disability, the employer must grant the employee 1 business day additional unpaid if the latter is obliged to travel more than 600 km round trip. To benefit from this additional day, the employee must make the request to his employer.
An employee employed by an individual employer is entitled to same leave than any other employee:
FYI
In the event that the family event obliges the employee to travel of more than 600 km round trip (marriage, Civil partnerships), the employer must grant the employee 1 business day additional unpaid. To benefit from this additional day, the employee must make the request to his employer.
The employee also benefits from 1 working day of leave for the conclusion of a Civil partnerships: titleContent of a child.
The employee can also obtain a leave of absence in the event of the death of a family member.
None seniority is not a requirement for entitlement to this leave.
The length of absence varies according to the kinship between employee and deceased.
General scenario
Status of the deceased | Length of leave |
|---|---|
Spouse or wife, partner of Civil partnerships: titleContent or cohabiting partner | 3 working days |
Father or mother | 3 working days |
Stepfather or stepmother (i.e. the father or mother of the spouse) | 3 working days |
Brother or sister | 3 working days |
Descending in a direct line (grandchild, great-grandchild) | 1 working day |
Direct Ascendant (Grandparent, Great Grandparent) | 1 working day |
Other family member | No day off. However, the employment contract may provide for leave in the event of the death of other family members. |
The employee takes his leave at the of the event. It can also be taken in the days that surround the event with the agreement of the employer. The employee is paid during this absence.
In the event that the family event requires the employee to travel more than 600 km round trip (wedding, Civil partnerships), the employer must grant the employee 1 additional unpaid working day. To benefit from this additional day, the employee must make the request to his employer.
The days of absence are counted in working days.
A longer duration high may be provided for by employment contract.
Death of a child
The employee is entitled to a leave of absence of 12 days workable or of a longer duration high if the employment contract foresees.
The employee is entitled to a leave of absence of 14 days in the event of the death of one of the following persons:
- Child under 25 years of age
- Child, regardless of age, if he was a parent himself
- Person under 25 years of age at the effective and permanent load of the employee.
The employee takes his leave at moment of the event. It can also be taken in the days that surrounding the event with the agreement of the employer. The employee is paid during this absence.
FYI
When the employee makes the request, the employer must give him 1 day workable additional unpaid if the latter is obliged to travel to more than 600 km round trip.
Bereavement Leave
In the event of the death of child aged of under 25, the employee is also entitled to additional leave, says bereavement of a duration of 8 days workable .
Bereavement leave also applies in the event of the death of a person under 25 years of age at the effective and permanent load of the employee.
Bereavement leave can be taken in 2 periods. Each period shall be at least as long as 1 day.
The employee shall inform his employer at the latest 24 hours before beginning of each period of leave.
The employee must take bereavement leave in a delay of 1 year from death of the child.
Yes, the employee of the individual employer aged 18 to 25 benefits from authorization for paid absence to participate in the Defence and citizenship day (JDC) This day is assimilated to actual work for the calculation of seniority and paid leave.
Yes, the employee benefits, on written justification, of leave to attend the welcoming ceremony in french citizenship.
The duration of this leave shall be fixed at half-day. He is obligatory taken during the ceremony.
The employee who is the husband, wife, partner of Civil partnerships: titleContent, cohabiting partner or cohabiting partner of the person concerned by the welcoming ceremony in French citizenship also enjoys this right.
Please note
The duration of that leave shall be treated as actual working time for the purposes of determining entitlement to paid leave and seniority.
Disputes fall within the competence of the labor court council the place of residence of the individual employer.
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Labor Code provisions applicable to domestic workers (Article L7221-2)
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