Paid leave or annual leave

An employee becomes entitled to leave after a period of twelve months’ actual service; and entitlement to leave is calculated over a reference period running from the date of their recruitment or their return from their previous leave to the last day preceding the day on which they commence their new leave.

In other words, any employee on a local contract is entitled to 2.5 days’ paid leave per month worked. Four weeks or 24 working days are deemed to constitute one month worked (Article L.148).

The duration of the leave is calculated at the rate of two and a half days per month of work completed during the reference period, i.e. thirty days per year, including non-working days. 

The 30 days’ paid annual leave may be taken as a continuous or split period, with a minimum of 15 consecutive days. The start date of annual leave may be brought forward or postponed, depending on the company’s needs, by up to three months either before or after the scheduled date, as the case may be.

For the purposes of determining the amount of annual leave accrued, the following are considered periods of work:

. periods of unavailability due to an accident at work or an occupational illness;

. up to a maximum of six (6) months, absences due to medically certified illness;

. periods of maternity leave;

. absences for leave granted at the employer’s discretion;

• Any agreement providing for the payment of compensation in lieu of annual leave is null and void (Article L162).
• Unused annual leave may only be compensated financially in the event of the permanent termination of the employment relationship (Article 162 of the Labour Code).
• In the event of termination or expiry of the contract before the employee has acquired the right to take annual leave, compensation shall be paid for the unused leave.
• Any annual leave not taken within two years of becoming due shall be definitively forfeited in accordance with the provisions of Articles L.114 and L.150 of the Labour Code.

• Expatriate employees are entitled to five (5) days’ annual leave per month. The costs of return travel, accommodation and healthcare for the employee and their family shall be borne by the employer.
• An expatriate worker is defined as any foreign employee whose employment contract is the reason for their relocation to Mali.

 Holiday allowance 

The holiday allowance is equal to a percentage of the total remuneration in cash and in kind received during the reference period, excluding allowances intended as reimbursement of expenses, bonuses and annual premiums, as well as benefits in kind from which the employee would continue to benefit during the leave.

The holiday allowance is paid to the employee on the day they commence their annual leave; otherwise, payment of the holiday allowance must be made no later than the last day preceding the start of the leave.

 New provision 

Where required by the needs of the business, the taking of annual leave may be postponed or brought forward by a period which, unless the employee concerned agrees otherwise, may not exceed three months.

 At the employee’s request, the entitlement to annual leave may be carried forward to a longer period, which may not, however, exceed two years’ service. In this case, the employee must take a minimum of eight days’ leave, including non-working days, during the first year.

Key terms

 Increase in the duration of leave: Unless otherwise agreed by collective agreement, the duration of leave is increased by:

. 2 working days after 15 years’ service (whether continuous or not) with the company;

. 4 working days after 20 years’ service, whether continuous or not, with the company;

. 6 working days after 25 years of service, whether continuous or not, with the company.

 Employed mothers are entitled to one additional working day’s leave per year of service entitling them to leave for each child registered with the civil registry who has not reached the age of 15 at the end of the reference period.

 Splitting: Leave lasting more than 15 days, including non-working days, may be split by mutual agreement. In this case, each portion must be at least 15 consecutive days.