French vacation law: What German employers need to know

Summertime is vacation time. For German companies operating in France – whether through branches or by employing cross-border workers – French vacation law is currently of central importance. 

It differs significantly from German law in several respects and regularly presents employers with practical and legal challenges. The correct handling of vacation entitlements, deadlines, and co-determination rights is crucial – both for compliance with legal requirements and for smooth human resources management. 

This overview highlights the most important regulations and provides practical advice for cross-border employment relationships. 

When is vacation season in France? 

In France, the reference period from June 1 to May 30 (“Période de référence”) applies rather than the calendar year. Any deviation from this – for example, in favor of the calendar year – is only possible through a works agreement. 

The period during which employees can take their paid annual leave is also regulated by law. The specific dates are usually determined by an internal company agreement. If there is no such agreement, the employer determines the vacation period after consulting with the works council. The period must be announced at least two months in advance. 

A minimum time slot is required by law: it must generally be possible to take vacation between May 1 and October 31. 

French annual leave consists of: 

• four weeks (24 working days) of main leave, 
• and an additional fifth week of leave, which can be taken separately. 

Vacation days may not be taken without the employer's prior consent. At the same time, the employer may require that vacation be taken by October 31 at the latest – saving up vacation days is only possible to a limited extent. 

Who can go on vacation and when? 

The order in which employees are allowed to take vacation is primarily governed by company agreements or collective bargaining agreements. In the absence of such regulations, the decision falls to the employer. In doing so, the employer must take social criteria such as period of employment and marital status into account. 

Changes to the order must be made within the specified time limits: either in accordance with an existing agreement or, if no such agreement exists, at least one month before the start of the vacation. Exceptions are only permitted in exceptional circumstances. 

If employees refuse the vacation schedule set by their employer without a valid reason, they risk disciplinary action – unless the employer has failed to comply with the aforementioned deadlines. 

In the event of a dispute, the burden of proof lies with the employer: they must be able to prove that the employee was actually granted leave. It is therefore essential that vacation periods are clearly documented and adhered to. 

If the employee postpones their vacation 

If an employee wishes to postpone their vacation, they need the employer's consent. Without such consent, it is considered unauthorized absence from work – a possible ground for dismissal. 

In practice, such consequences are rare, for example, if the employer makes an organizational error, such as late notification of the vacation period. Even simply failing to give notice of vacation is not automatically considered a serious violation. 

Nevertheless, the following applies: Failure on the part of the employer does not automatically invalidate every ground for dismissal. Each case must always be examined individually. 

Illness while on vacation 

If an employee falls ill before the start of their vacation, the vacation days are considered not taken – the vacation will be postponed. 

If the employee is on sick leave at the planned vacation time, they are entitled to take the vacation at a later date. The postponed vacation days must be taken within 15 months. 

The employer must take these days into account when planning and inform the employee of their remaining entitlement. 

The situation is different in the case of illness during vacation: the vacation days are still considered taken – unlike under German law. 

Effect of termination of contract 

In the event of termination, the period begins upon delivery of the letter. If the vacation has already been confirmed, the period is suspended during the vacation period and continues thereafter. 

If the employer decides to terminate the employee's contract during their vacation period, they are entitled to invite the employee to the personal meeting (known as an “entretien préalable”) that is mandatory under French law before giving notice of termination, even during the vacation period. Since such a meeting may also take place outside working hours, this is permissible. However, the notice period does not begin until the end of the vacation. 

If the employee is released from work during the notice period, the employer must not unilaterally deduct any outstanding vacation days, unlike in Germany. This requires the employee’s express consent. 

Vacation days not taken 

Any vacation days not taken by May 31 are generally forfeited. Carryover is only possible in exceptional cases – such as illness, maternity leave, or parental leave – or if a corresponding agreement exists. 

The employer cannot unilaterally order a carryover. Conversely, a carryover is only permissible if it has been expressly agreed or has arisen through company practice. If the employer prevents the employee from taking all of their vacation days, claims for damages may arise. 

Conclusion 

Do you employ staff in France or are you planning to do so? Then it is worth taking a closer look at the legal framework governing employment law. With the right expertise, you can avoid pitfalls and ensure clarity in cross-border human resources management. Please feel free to contact us. 

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Many thanks to Claire Chevalier  (claire.chevalier@oratio-avocats.com) from our French network partner Oratio Avocats for her assistance in preparing this article.