Both out of generosity and for necessity, an employee is possible to offer his rest days to his employees. THE Start to a colleague is legally authorized by a law that even bears a name: the Mathy LawS.
There is therefore a way to offer your rest days in certain conditions and in some cases.
But what exactly is the gift of leave? How does it work? Who can take advantage of it and how to implement it?
Let’s start by remembering what leave and RTT are corresponded to
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Holidays and RTT: What are we talking about?
Any employee has the Right to rest days. The labor code is severe on this topic and supervises your employees’ working contracts.
Paid holidays I’m therefore part of Fundamental workers’ rights. The calculation of paid holidays can be performed on working days.
Although it is less frequent, some companies count on working days.
Usually the employee benefits from 2.5 working days of leave per monthor 30 days of minimum per year, whatever the nature of his contract.
When they are not all over in the reference period, you can give it days of splitting.
THE RTT deposit Reduction of working hours are implemented by some companies for workers referred to The working hours are greater than 35 hours per week.
So if an employee works 39 hours per weekbenefits from 4 hours of RTT per weekor half day.
If these two types of holidays are compensated, they must not be confused because the first is based on a legal framework and applies to all employees while the second depends on the number of weekly hours and derives from a collective agreement.
The gift of leave: what does it consist?
If we were to start with a definition, we would qualify the gift of leave as The renunciation of an employee of everything or part of his rest days for the benefit of one of his colleagues.
This peculiarity is now framed by Mathys Law Created in 2014.
For the record, this law takes its name from a very sick child, now it has disappeared. The father of the child, who worked at the time in the Badoit company, were offered 170 days of RTT by his colleagues.
A precedent who therefore gave birth to this law that now authorizes The donation of days of rest to a parent of a seriously ill child.
If the employee can freely give up his rest days, however, he cannot offer all his First 4 weeks of paid vacation.
What types of leave can you offer?
In principle, Most of the free days It can be sold to a colleague.
Apart from the first 4 weeks of annual leave that we mentioned above, most of the rest days are transferable.
This concerns the following situations:
- Paid leave from the 5th week;
- RTT;
- Days offered by the employer;
- Days of recovery;
- Compensatory days in case of extraordinary.
You should know Any employee can give dayswithout special conditions and regardless of length.
How does the RTT donation work?
The law of Mathys (9 May 2014) was born after the story of an employee of the Badoit company whose child was seriously ill from cancer and fought for 4 years.
The Badoit employee received a donation of 170 RTT offered by his colleagues so that he can accompany his son during treatment.
This law therefore allows employees of a companyOffer days of rest to their colleagues who need this time Assist a loved one OR A seriously sick child.
To benefit from the donation of holidays and RTT, the employee must Contact your Human Resources Department and notify your need for donation.
The request must be accompanied by A Medical certificate and Proof of his caregiver.
The specifications of a doctor should indicate that the sick person needs support.
Finally, the employer must authorize the implementation of donations in his business.
For what are the conditions:
- No condition The type of contract or seniority is not necessary in the case of a donation to deal withA seriously ill child.
- A year of seniority It is necessary in the case of a donation for a caregiver.
In what case can you make a donation of holidays?
Employees can therefore grant days of rest to their work companions but under certain conditions.
In fact, the law authorizes leave donations in some special cases.
Sick child, disabled or victim of a serious accident
Sometimes, it happens that an employee must be absent to help a child with a serious illness, a serious handicap or victim of a particularly serious accident.
Obviously, these conditions must be certified by A Medical certificate. In addition, the interested child should not be old over 20 years.
In addition, the annual holidays offered should not exceed the limit of 24 working days.
➡️ Discover the leave of the parental presence.
Death of a child
In a situation like this, the employee can initially benefit From 5 to 7 days of death But also a 8 -day mourning leave is needed.
His employees will also be able to offer him days if the lost child had aged Under 25.
This transfer of days is allowed during the year following the date of disappearance.
Near the help
Since 2018, the law has extended the right to give his free days to the people responsible for a loved one with a loss of autonomy or with disabilities.
These employees who benefit from it Caregiver Leave will be able to exploit the donation of holidays on condition that they take care of a loved one with a Permanent inability of at least 80 %.
Reservist
It is possible to donate RTT or leave to a colleague engaged in the Military Operational Reserve.
The transfer of these extra days should allow him to carry out his reservist activities.
What impact on salary?
The employee who holds a donation of holidays or RTT Keeps its remuneration. Considered an ordinary leave, they have the same status.
The beneficiary Keeps all its rights and continuing toaccumulate Because these absences are assimilated to real work.
In addition, the employee who gives days does not have the right to leave allowance. You will not have to calculate the paid holiday allowances in this specific case.
However, you will have to I subtracted the days of leave acquired by the salary salaryHe is on his salary.
What is happening at the accounting level?
The donation of the rest days has consequences on the accounting provisions since the expected paid holiday allowances and the amount of the payments paid will be different.
A beneficiary employee with a higher income than the donor employee means that you will have to Take on the difference between the two wages. And on the contrary, you can rather win.
Also keep in mind that yours The contributions of the employer are assigned. A more substantial salary will increase them.
How to organize the donation of holidays for your business?
Before knowing the various steps to better organize the donation of holidays within your company, think first of all communicate with your employees.
In fact, if this moment of solidarity can be of their initiative, it is up to you to make it happen.
Explains to your teams the reason for this solidarity campaign (according to interested collaborators) and detail the procedure.
Use a Leave management software For holidays and absences they can be very useful.
Employees who wish to participate will only have to request their request and the number of days they want to grant.
The leave can be made anonymously And requires your agreement as a employer.
Obviously, your HR service will be of great help in leave management and absences.
To facilitate exchanges, remember to make available to your troops a Simple tool accessible to everyone.
You can:
- Indicate the leave in question by the donation campaigns;
- Perform a monitoring of the leave already offered;
- Detail the donation procedure;
- Specify the specific rules in force;
- Automate the collection of donations.
Once the tool and the rules are established, it will be easier to set the vacation donation system.
Employees will only have to indicate the days they wish to offer A questionnaire or table.
Once the request has been validated, it will be sufficient to indicate the number of leaves distributed to the beneficiary employee.
Thanks to the Sirh software, you can trace daytime donations and facilitate the work of your human resources teams.
Why accept the gift of leave as a company?
As a employer, manage resources but above all human beings.
THE Wellness in business It is advantageous for both your staff and for the performance of your company.
This is the reason why it is essential to set a Human resources policy worthy of the name.
Offering the possibility of giving RTT between colleagues, the Physical and mental health of the beneficiaries. But also of all employees.
Strengthen the image of your brand and being humanism. Allow leave donation promotes a Culture of benevolence and team spirit.
The benefits will necessarily be positive. Especially to keep the High potential within your company.
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