Summer holidays: how to prepare them well?

What are the rules in force concerning Summer holidays ? The institution of paid holidays dates back to the year 1936 and has been evolved since then. Currently, each employee has the right to five weeks of paid holidays per year, acquired for the year of work.

The law does not specify a mandatory period to take these leave. However, part of the leave, four weeks, must be taken between May 1st and October 31st, the summer included.

Are you responsible for managing absences within your business? Continue reading to discover the Main rules to be requested for summer holidays.

✅ Download this 2025 leave program for free by clicking below 👇

Rights and obligations of the employer for the summer holidays

The employer can organize departures on leave based on the needs of the company and the requests of employees. The dates must be fixed in consultation with employees.

💡 nice to know : Collective agreements or corporate agreements can provide specific rules for leave, including a mandatory period in summer.

Can the employer impose a summer leave period?

Yes, in certain circumstances. The employer can impose dates of summer holidays according to the needs of the company and taking into account certain criteria mentioned below.

In case of annual closure (for example, in August), the employer can decide that the annual paid holidays will be taken during this period. He must inform employees at least 30 days in advance. If this closure concerns employees without paid holidays, they can receive partial benefits of unemployment. In the event of closing more than 30 legal days, the employer must compensate for the excess period.

In case of exceptional circumstances (Urgent order, replacement of a colleague), the employer can postpone the planned leave by informing the employees concerned at least 30 days in advance.

⚠️ ATTENTION: If the employer does not comply with terms or legal agreements, the employee can oppose the imposed leave. Failure to comply with legal provisions can lead to a fine of up to € 1,500 and € 3,000 in case of anniversary.

Can the employer refuse the request for leave?

Yes, provided that the refusal is not abusive (period of strong activity, etc.). Holidays cannot be canceled. If an employee has to fix the leave by the end of August and waste them, it must be postponed or paid.

Who are the priority employees for summer holidays?

The employer must organize the order of departures on vacation taking into account certain legal criteria:

• Anzia of employees,
• Multi-activity of employees to other companies,
• Family situation (accusation of a child or adult with reduced autonomy)
• Possibility for the spouse or partner linked by a Pacs for a leave

It can also take into account the family imperatives:

• School holiday dates for employees with school children
• Dates of the law for children for divorced or separated employees

💡 nice to know : Married employees or Pacs who work in the same company can bring their holidays simultaneously.

What is the minimum duration of summer leave?

According to article L.3141-17 of the Labor Code, the minimum duration of the summer leave is 12 consecutive working days or 2 weeks (maximum 4 weeks).

These leaves must be taken between May 1st and October 31st. The employer can therefore impose the employee to employ at least 2 weeks of vacation not divided during this period.

How are the paid leave remunerated?

All employees receive compensation during paid holidays, calculated according to two methods indicated in the labor code: the 1/10 rule and the wage maintenance method.

Compensation for paid leave: the 1/10 rule

The calculation of compensation for paid leave according to the 1/10 rule corresponds A tenth of all raw wages received by the employee in the reference period.

For example, if an employee has received € 22,000 gross in the reference period, the amount of the allowances for a month of leave is € 2,000. The revenue taken into consideration include gross salary, wage increases, seniority bonuses, expatriation prizes and job interruption allowance.

Compensation for paid leave: the wage maintenance method

The salary maintenance method consists of compensate the employee based on the calculation of the theoretical income if it was present at work. Some income are excluded from the calculation: professional commissions, 13th month, premium budget bonus and end -year.

💡 nice to know : When a public holiday (for example, July 14 or August 15) falls during a period of leave, the employer has to pay this day as a public holiday and does not count in the calculation of leave days. For example, if an employee takes a week off, including July 14, only 4 working days will be deducted from his holidays and not 5.

Change of leave dates

Normally, it is forbidden to modify the leave dates within 30 days before the departure date. However, the law may provide for exceptional circumstances (such as the Covvi-19 health crisis).

The employer can therefore modify the leave dates less than 30 days before the scheduled date. These legal provisions aim to defend the economic interests of fragile society.

⚠️ Attention: Exceptional circumstances apply only to the modification of the leave dates, not to their fixation.

Three reflections for good management of summer leave

1. Set rules
   Set up a clear leave policy taking into account the work, family and personal constraints. Determine the application procedures and their approval.
2. Take stock of the leave
   Ask those who have many free days to put them at the beginning of the year for better visibility.
3. Set up a stay
   The employees’ holidays inevitably lead to a decrease in commercial activity. A stay must be maintained to guarantee the transmission of organizational information during the holidays. For example, they will be able to warn their professional partners of their return from holidays with an electronic message.

Optimize the summer holiday program with a digital tool 💪

In order to plan your employees’s leave departures, the best solution is to use suitable software!

The factorial software is the full Sirh software with a simple leave management module to use for managers and employees. Your leave software is integrated into it.

Employees can easily and at any time request a leave or for the absence. They can do it from their computer or smartphone by choosing their dates and the type of absence. It is completely customizable according to the needs of your business.

The request comes to the manager who can approve or refuse the absence. To facilitate the organization of absences, the manager and the collaborator have access to a calendar view of future absences and departures on leave of team members in order to avoid horses.

The software allows the employee to download the proof of the absence directly to the Human Resources Portal. The manager can then approve or refuse it. It is therefore easier to calculate the days of division through reports that require some manual adjustments at the end of the cycle.

Control list to correctly plan summer leave

An optimized organization of the summer holiday calendar allows the company to maintain correct functioning during the long period of holidays. Always make sure to respect the legal rules. And take care of the happiness of your employees and the economic activity of your company!