Paid leave of employees in the private sector
Verified 30 April 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)
The employee is entitled to paid leave. Every month from actual work entitles to a leave of absence of 2,5 working days, except in special cases. During the leave, the employer pays the employee an allowance for paid leave. We present you the information to know.
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General case
Any employee to right every year paid leave, whatever his contract working time (DTA: titleContent, FIXED-TERM CONTRACT: titleContent or acting contract).
The employee benefits from the paid leave he works full-time or part-time.
Apprentice
An apprentice is entitled to statutory paid leave, that is 5 weeks of paid leave per year.
The employer has the right to decide on the period during which the apprentice can take his leave.
If the apprentice has less than 21 years on 30 april of the previous year, he may request additional leave without pay, up to 30 working days per year. The age requirement is reviewed on April 30 of the year preceding the application.
Whether working full-time or part-time, the employee benefits from 2.5 working days by month of actual work at the even employer.
This corresponds to 30 working days (5 weeks) for a full year of work.
Some absences shall be taken into account for the calculation of leave days.
Warning
In case of work stoppage due to illness unprofessional, the employee shall be entitled to paid leave, up to 2 days workable per month (or 24 working days per year) during the vacation vesting period reference period. The reference period shall be fixed of 1er June of year N-1 to May 31 of year N (unless a collective agreement or a company collective agreement provides for another period).
Where the number of days of earned leave is not an integer, the duration of the leave shall be increased to the next higher integer. For example, if the employee has worked 5 months during the year, he or she is entitled to leave of 2.5 × 5 = 12.5, rounded up to 13 working days.
The employer may calculate the days of leave in working days. In this case, this method of calculation must guarantee the employee leave entitlements at least equal to those calculated in working days.
For the acquisition of paid leave, the reference period is fixed of 1er June of the previous year to May 31 of the current year.
However, different dates may be set by treaty provisions, collective agreement or company collective agreement.
Please note
Some companies are required to join a paid leave fund (companies in the construction and entertainment sectors, for example). In this case, the reference period shall be 1er April of the previous year to March 31 of the current year.
The rules vary according to the employee's situation (age, dependent child):
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Employee at least 21 years old and with dependent child
If the employee has at under 21 years of age on 30 April of the previous year, it may benefit from 2 days of additional paid leave by dependent child (up to 30 working days).
Example :
An employee ofat least 21 years of age have a dependent child and have 12 days of leave. He can then take 14 days off, or 2 additional days off.
A child is considered incurring if it fills one the following conditions:
- Either he lives in hearth and is under 15 years of age on 30 April of the current year
- Either he lives at home and has a disability (no age requirement).
Employee under 21 years without dependent children
The employee of under 21 years of age on 30 april of the previous year is entitled to leave of 30 working days, if he so wishes, like any employee (cumulative annual and additional leave), even if it has not acquired the whole of those days off.
Example :
If the employee under 21 has only 12 days of paid leave, he can still take 30 days of leave. Days taken beyond his 12 days of leave will not be compensated.
Employee under 21 with dependent child
Any employee of under 21 years of age on 30 april of the previous year benefits from 2 days of additional leave by dependent child.
If the earned leave does not exceed 6 days, the additional leave is reduced to 1 day.
Other situation
Some treaty provisions, the employment contract or a usage may provide for a more favorable calculation of leave than the statutory period.
The collective agreement or a company collective agreement may increase the duration of leave depending on the age, seniority or disability of the employee.
The period for taking paid leave may or may not extend throughout the year.
In all cases, leave is taken in the period of 1er may to october 31 of each year.
The period for taking paid leave shall be fixed:
- Either by the collective agreement or a company collective agreement
- Either, in the absence of an agreement or agreement, by the employer, after Social and Economic Committee (ESC), if there is one in the company.
It shall be brought to the attention of employees at least 2 months before the period begins.
The employee cannot ask more than 24 working days consecutive leave (i.e 4 weeks).
That's what we call the main leave.
However, the employer may grant the employee a longer leave because of one of the following situations:
- Either because of particular geographical constraints (the employee's family lives, for example, overseas)
- Either because of the presence in the home of the employee of a disabled person or an elderly person with loss of autonomy
The date of departures on leave shall be fixed:
- Either by the collective agreement or a company collective agreement
- Either, in the absence of an agreement or agreement, by the employer, after Social and Economic Committee (ESC), if there is one in the company.
The employee must inform the employer of the dates of leave he wishes to take.
The employer may refuse to grant the employee the desired leave dates. The employee must then take his leave at another date.
FYI
The employer may require the employee to take days off in the event of temporary closure of the company.
The employer must inform each employee of the date of departure on leave.
The departure date is communicated to each employee, by any means, at least 1 month in advance before departure, in premises normally accessible to employees.
The employer cannot change the employee's leave dates after granting them less than a month before the scheduled departure date.
The employer must notify the employee at least 1 month before the date scheduled departure.
However, in the event of exceptional circumstances (company facing an exceptional order, replacement of a deceased employee, etc.), the employer can then postpone the employee's leave.
Yes, theemployer may fix theorder of departures in employee leave.
In determining the order of departures, the employer must take into account the criteria (unless other criteria are set out in collective agreement or a company collective agreement):
- Family situation of beneficiaries (presence in the home of a disabled person or an elderly person with loss of autonomy, etc.)
- Duration of service with the employer
- Activity with one or more other employers.
The order of departures on leave is press release to each employee, by any means, at least 1 month in advance, in premises normally accessible to employees.
Please note
Employees married or linked by a Civil partnership working in the same company are entitled to leave concurrent.
The employee benefits from paid leave as soon as he was hired in the company, regardless of seniority.
However, the employee must respect the period of leave taken and the order of leave departures set by the employer.
Yes, the main leave (or 4 consecutive weeks maximum) may not be taken in its entirety during the legal period of taking leave (from 1er May to 31 October of the current year).
The main leave is then split (i.e. taken in several times).
The collective agreement or a company collective agreement sets the rules for the application of split days.
The employee can then benefit from days of leave additional said split days, subject to conditions:
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Period from 1 May to 31 October
The employee must take leave of at least 12 working days (i.e. 2 weeks) over the period from 1er May of the year to October 31 of the current year.
This leave must be taken continuously. It cannot be split.
These minimum 12 working days are taken at a fixed period:
- Either by the collective agreement or a company collective agreement
- Either, in the absence of an applicable agreement or convention, obligatorily between the 1er may to october 31 of each year.
Period from 1 November to 30 April
If the employee does not take the totality of sound main leave from 4 weeks during the legal harvest period (from 1er May to October 31 of the current year), he can then benefit from additional days of leave for splitting.
These additional days are granted under the following conditions:
- 1 business day (if the employee takes between 3 and 5 days of leave outside the legal period of 1er May to October 31)
- 2 working days (if the employee takes a minimum of 6 days of leave outside the legal period of 1er May to October 31).
Deferral of earned leave days not taken during the leave period is possible, depending on whether the employee's working time is annualized or not:
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General case
Carry-over of earned leave days not taken during the leave period is possible only in case of agreement between the employer and the employee.
In the absence of an agreement or use in the company providing for a postponement of these days, the employer is not obliged to accept the request for postponement of leave.
Vacation days are not necessarily lost. Leave not taken can then be paid according to treaty provisions.
Annualized working time
In the event of a change in working time, a convention or a company collective agreement or a extended branch agreement may provide for the postponement of leave days.
In this case, leave may be carried over until 31 December of the year following that in which the period of taking such leave began.
Sickness arrest of non-occupational origin
Paid leave may be subject to a deferral period of 15 months in case of work stoppage due to non-occupational disease:
- Paid leave not taken due to a work stoppage
- Paid leave earned during a work stoppage covering the entire reference period.
The starting point of the 15-month period differs depending on the situation:
Leave with pay not taken as a result of work stoppage
Reminder
The period for taking paid leave shall be fixed:
- Either by the collective agreement or a company collective agreement
- Either, in the absence of an agreement or agreement, by the employer, after Social and Economic Committee (ESC), if there is one in the company.
The period of taking must include, in all cases, the period of 1er May year N to 31 October year N.
It shall be brought to the attention of employees at least 2 months before the period begins.
An employee who couldn't pose all his paid leave during the intake period, on account of sick leave, is entitled to a 15-month deferral period to take them.
One company collective agreement or a branch agreement may fix a longer duration of the carry-over period.
FYI
The deferral period shall be 15 months starts from the date on which the employee was informed of his rights by the employer, after resumption of work.
Paid leave not taken by the employee at the end of this 15-month period will be lost.
Example :
An employee is sick with 1er February to April 30, 2026 (year N). The employee returns to work on Monday, May 4, 2026 and the employer informs him of his rights on May 13, 2026.
In the company, the period for taking paid leave is fixed:
- of 1er May 2025 (year N-1) as of April 30, 2026, for leave with pay earned during the reference period of 1er June 2024 (year N-2) to May 31, 2025 (year N-1)
- of 1er May 2025 to April 30, 2026 (year N+1), for paid leave earned during the reference period of 1er June 2024 (year N-1) to May 31, 2025 (year N).
At the time of his sick leave, the 1er in february 2026, the employee has 8 days of paid leave left, acquired during the reference period of 1er June 2024 (year N-2) to May 31, 2025 (year N-1), which were to be taken during the catch period of 1er May 2025 to April 30, 2026.
Since the employee is unable, due to illness, to take his 8 days of paid leave during the take-up period, he has a 15-month deferral period from May 13, 2026 (i.e. until August 13, 2027) to take it.
Paid leave earned in the period of 1er june 2025 to may 31, 2026, may be taken by the employee during take period 1er May 2026 to April 30, 2027.
Paid leave acquired during sick leave covering the entire reference period
When the employee is off work during the entire vesting period leave (reference period of 1er June of year N-1 to May 31 of year N), starting point the deadline for the 15-month postponement is fixed at the end of that period.
A distinction must be made between:
- If the employee has not resumed the work at the end of the carry-over period, paid leave earned during the work stoppage covering the vesting period shall be lost
- If the employee resume the work while the period deferral is always in progress, the 15-month period is suspended until the employer informs the employee of his or her leave entitlements.
Example :
An employee is sick with 1er June 2025 to November 30, 2026. He resumed work on Monday 1er December 2026 and his employer informed him of his rights on December 18, 2026.
During the vesting period (reference period) of 1er June 2025 as of May 31, 2026, the employee was on sick leave for the entire period. The 15-month carry-over period for earned leave over this reference period (24 days) begins on May 31, 2026.
The deferral period is suspended on 1er December 2026, the date on which the employee returns to work. In this case, 6 months having already elapsed (31 May 2026 to 30 November 2026), there remains a 9-month deferral period that starts to run again when the employer informs the employee of his rights, i.e. on 18 December 2026.
Occupational sickness leave
Paid leave may be subject to a deferral period of 15 months in case of work stoppage due to occupational disease:
- Paid leave not taken due to a work stoppage
- Paid leave earned during a work stoppage covering the entire reference period.
The starting point of the 15-month period differs depending on the situation :
Leave with pay not taken as a result of work stoppage
Reminder
The period for taking paid leave shall be fixed:
- Either by the collective agreement or a company collective agreement
- Either, in the absence of an agreement or agreement, by the employer, after Social and Economic Committee (ESC), if there is one in the company.
The period of taking must include, in all cases, the period of 1er May year N to 31 October year N.
It shall be brought to the attention of employees at least 2 months before the period begins.
An employee who couldn't pose all his paid leave during the intake period, on account of sick leave, is entitled to a 15-month deferral period to take them.
One company collective agreement or a branch agreement may fix a longer duration of the carry-over period.
FYI
The deferral period shall be 15 months starts from the date on which the employee was informed of his rights by the employer, after resumption of work.
Paid leave not taken by the employee at the end of this 15-month period will be lost.
Example :
An employee is sick with 1er February to April 30, 2026 (year N). The employee returns to work on Monday, May 4, 2026 and the employer informs him of his rights on May 13, 2026.
In the company, the period for taking paid leave is fixed:
- of 1er May 2025 (year N-1) as of April 30, 2026, for leave with pay earned during the reference period of 1er June 2024 (year N-2) to May 31, 2025 (year N-1)
- of 1er May 2026 to April 30, 2027 (year N+1), for leave with pay earned during the reference period of 1er June 2025 (year N-1) to May 31, 2026 (year N).
At the time of his sick leave, the 1er in february 2026, the employee has 8 days of paid leave left, acquired during the reference period of 1er June 2024 (year N-2) to May 31, 2025 (year N-1), which were to be taken during the catch period of 1er May 2025 to April 30, 2026.
Since the employee is unable, due to illness, to take his 8 days of paid leave during the take-up period, he has a 15-month deferral period from May 13, 2025 (i.e. until August 13, 2026) to take it.
Paid leave earned in the period of 1er june 2025 to may 31, 2026, may be taken by the employee during take period 1er May 2026 to April 30, 2027.
Paid leave acquired during sick leave covering the entire reference period
When the employee is off work during the entire vesting period leave (reference period of 1er June of year N-1 to May 31 of year N), starting point the deadline for the 15-month postponement is fixed at the end of that period.
A distinction must be made between:
- If the employee has not resumed the work at the end of the carry-over period, paid leave earned during the work stoppage covering the vesting period shall be lost
- If the employee resume the work while the period deferral is always in progress, the 15-month period is suspended until the employer informs the employee of his or her leave entitlements.
Example :
An employee is sick with 1er June 2025 to November 30, 2026. He resumed work on the 1er December 2026 and his employer informed him of his rights on December 18, 2026.
During the vesting period (reference period) of 1er June 2025 as of May 31, 2026, the employee was on sick leave for the entire period. The 15-month carry-over period for earned leave over this reference period (24 days) begins on May 31, 2026.
The deferral period is suspended on 1er December 2026, the date on which the employee returns to work. In this case, 6 months having already elapsed (31 May 2026 to 30 November 2026), there remains a 9-month deferral period that starts to run again when the employer informs the employee of his rights, i.e. on 18 December 2026.
If the employee refuses to take his paid leave when the employer has repeatedly invited him to do so, then the leave is lost if it is not postponed.
No, the employee is not allowed to work during his leave.
But there is an exception: the employee can be hired by harvest contract during his paid holidays.
No, during his leave, the employee is not paid. However, he receives a vacation pay.
All sums of salary nature are taken into account in determining the paid leave allowance (basic salary, seniority bonus, attendance bonus, etc.).
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Right to leave
Duration of leave (public policy)
Length of leave (scope of collective bargaining)
Length of leave (supplementary provisions)
Period of leave and order of departure (public policy)
Period of leave and order of departure (scope of collective bargaining)
Period of leave and order of departure (alternate arrangements)
Splitting of leave (public policy)
Leave splitting (collective bargaining field)
Splitting of leave (supplementary provisions)
Employees under 21 (annual leave)
Harvest contracts
Situation of the employee during the leave (public policy)
Duration of leave (public policy)
Length of leave (supplementary provisions)
Period of leave and order of departure (public policy)
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