🇫🇷 Other leave in France

Henning Wandsleb
Henning Wandsleb
  • Updated

Oyster policy is denoted in purple.

Statutory

Family leave

French employment law provides employees with the right to paid leave for a variety of family-related events. Collective bargaining agreements (CBAs) determine the duration of these leaves, which can’t be less than:

  • at least four days for marriage or civil solidarity pact;
  • at least one day for their child’s marriage;
  • at least three days for the birth of each child, beginning on the date of delivery or first workday following;
  • at least three days for the arrival of a child by adoption;
  • at least five days for the death of a child;
  • seven days for the death of a child who was a parent;
  • beginning July 1, 2020, eight days for a child under 25 or a dependent person under 25 (this leave can be divided and taken within one year of the death of the child);
  • at least three days for the death of a spouse, partner, cohabitant, father, mother, stepfather, stepmother, brother, or sister; and
  • at least two days upon the incidence of a disability, a chronic pathology requiring therapeutic training, or cancer in a child.

The CBA applicable to Oyster indicates that employees will benefit, upon justification, on the occasion of certain events, from an exceptional paid leave of absence, granted under the following conditions:

  • [Statutory CBA] The number of days off for an Employee's own wedding is: 4 days
  • [Statutory CBA] The number of days off for an Employee's own wedding after 1 year of seniority is: 5 days
  • [Statutory CBA] The number of days off for the wedding of an Employee's child is: 1 day
  • [Statutory CBA] The number of bereavement days for the loss of a spouse is: 5 days
  • [Statutory CBA] The number of bereavement days for the loss of a child is: 5 days
  • [Statutory Labor Code provisions] The number of days if the deceased child was under 25 years old or if the deceased child was a parent (regardless of their age) or if the deceased individual was under 25 and the employee's effective and permanent dependent: 7 business days + additional 8-day bereavement leave for the death of a child or dependent individual under 25
  • [Statutory] The number of days if the deceased child or dependent individual was under 25 is: 8 days
  • [Statutory CBA] The number of bereavement days for the loss of a parent or in-law is: 4 days
  • [Statutory CBA] The number of bereavement days for the loss of a sibling is: 4 days
  • [Statutory CBA] The number of bereavement days for the loss of a grandparent is: 2 days
  • [Statutory CBA] The number of bereavement days for the loss of a grandchild or in-law sibling is: 1 days
  • [Statutory CBA] The number of days off due to sick child is: 5 days
  • [Statutory CBA combined with more favorable Labor Code provisions] The number of days off for the announcement of a disability, chronic illness requiring therapeutic learning or cancer of a child: 2 days

Family solidarity leave

Employees can also take a family solidarity leave for the terminal illness or critical injury of a parent, grandparent, child, grandchild, sibling, or person sharing the same home. Employees may choose when to take the leave and how long, so long as the leave is within the limits set forth in the applicable company agreement or collective agreement.

Absent an agreement, the maximum duration of solidarity leave is three months with one possible renewal. The statutory maximum duration applies to Oyster team members.

Employees must give their employer 15 days notice prior to the start of leave when possible and include a copy of a medical certificate justifying the reason for solidarity leave.

Solidarity leave is unpaid. However, an employee may request a daily allowance for supporting a person at the end of their life (AJAP) through the Ministry of Solidarity and Health. The allowance can’t be combined with other income.

Sabbatical leave

Employees are entitled to take an unpaid sabbatical leave after 36 months of employment at a company and six years of overall professional work. This right is available only when the employee has not enjoyed sabbatical leave in the same company in the past 6 years.

Sabbatical leave must be requested by the employee at least three months in advance of the proposed start date and approved by the employer. Absent an agreement stating otherwise, sabbatical leave lasts a minimum of six months and a maximum of 11 months. Oyster Policy follows statutory maximum durations.

Although sabbatical leave is generally unpaid, a contractual provision or company custom may provide for paid leave. If the sabbatical leave is unpaid, the employee can use part of their PTO (accumulated 1 week at a time for up to 6 years) to finance part of the sabbatical leave.

If too many employees are absent on sabbatical leave, employers can defer the start of an employee’s requested sabbatical leave within a limit of six months from the date of request (nine months for companies less than 300 employees). An employer with less than 300 employees can also refuse the leave if it will have detrimental consequences for the company’s operations.

At the end of the leave, the employee must return to their previous job or a similar role with equal pay. They are also entitled to a professional development review with their employer regarding their prospects for continued growth.

Other leaves

The Labor Code provides for the right to leave for a variety of other reasons, including:

  • training leave;
  • leave in case of natural disaster;
  • leave for a representative of certain associations to participate in association meetings;
  • international solidarity (humanitarian aid) leave;
  • leave to attend citizenship ceremony;
  • civil service leave; and
  • leave to acquire or form a business.

The CBA applicable to Oyster indicates that employees will benefit, upon justification, on the occasion of certain events, from an exceptional paid leave of absence, granted under the following conditions:

  • [Statutory CBA] The number of days off for defense readiness appeal is: 1 day
  • [Statutory CBA] The number of days off for moving is: 1 day every 2 years

The CBA also provides for exceptional leave be granted to all employees according to the seniority, continuous or not, acquired on the date of opening of the rights:

  • [Statutory CBA] The number of exceptional days off after 5 years of tenure is: 1 day
  • Statutory CBA] The number of exceptional days off after 10 years of tenure is: 2 days
  • Statutory CBA] The number of exceptional days off after 15 years of tenure is: 3 days
  • Statutory CBA] The number of exceptional days off after 20 years of tenure is: 4 days

Customary

N/A

Best in Class

N/A