Do I have the right to take my vacation when I want? Maître Nathalie Lailler, lawyer, specialized in labor law, at the Caen Bar. You also maintain the “Practical Blog of Labor Law”. The question is important, because a lot of things have changed recently in this area … The employer can, for example, modify the dates of the leaves that I have already asked and which have been approved …
Nathalie Lailler: Absolutely. In principle, indeed, we cannot change the dates like that. You need a fairly long notice period, one month. But with the ordinance of March 25, the employer is entitled, if he has concluded a collective agreement, and the if is very important because without a collective agreement he cannot
That is to say, he can change my date of stay by six days more or less or he can reduce the duration of leave?
In fact he can change you six days that you had planned, but he can also tell you that you cannot take your leave, so he will impose leave on you within the limit of six working days.
Can I refuse this?
It seems difficult to me because you are liable to disciplinary action, since the principle which is unchanged is that the employer decides the order of departures on paid leave. Before he had this one month’s notice, he couldn’t force you to leave quickly. There in a day he can tell you “it’s Thursday, you’re on vacation Monday, you take your week”.
If I made a reservation where I took a plane ticket what will happen can I be reimbursed?
In my opinion this question is not settled. But by analogy, since in normal law, before this order, you could in exceptional circumstances modify the order of the dates of leave in less than a month, in this case the employer could be required to compensate the employee. of the costs they had incurred. There, one could imagine by analogy the same thing. I do not think I have seen anything decided on this point, but by analogy we can imagine that the employer will have to compensate the employee.
What other changes does this ordinance make?
The labor code specifies that when you have a spouse who works in the same company, the employer must allow you to take leave with your spouse. Otherwise, this obligation is canceled. The employer can impose at his choice to the taking of departure on leave always in the interest of the management of the company.
Is this all temporary?
Yes all that is provisional it is until the end of the year since the ordinance gives a deadline of December 31st.
There is still a minimum and a maximum that govern the taking of leave during the summer?
Yes in fact you cannot force an employee to take less than 12 continuous working days. So two weeks. And in the same way you cannot ask him to take more than 24 days, that is to say more than four weeks. Basically he must be able to take his fifth week outside of the summer period which generally runs from May to October.