Employment law

Leave and permissions: the overview

25 September 2026

"The employee is asking for three days": the sentence is always the same, the answer never is. Depending on the reason, the absence falls under leave as of right, a protected exceptional permission, or a simple discretionary authorisation, and these three regimes share neither conditions nor payroll effects.

This article is the entry point. It maps out leave and permissions, and links to the detailed article for each family.

1. The six families of leave

The leave and exceptional permissions that may be granted to staff fall into six families:

FamilyWhat it coversDetailed article
Annual leave2.5 days per month, 30 days a yearPaid leave
Sick leaveIllness or accident, occupational or notSick leave
Maternity leave14 weeks, paid by the INPSMaternity leave
Widowhood and pilgrimage leaveUp to 4 months and 10 daysWidowhood and pilgrimage
Training leaveVocational training, workers' education-
Family-event leaveMarriage, birth, bereavementFamily permissions

2. Three questions for every request

Whatever the reason given, three questions suffice to determine the applicable regime, and they come in this order:

QuestionWhat it determines
1. Is this leave as of right?If so, justified illness, maternity, widowhood, the employer acknowledges, it does not assess
2. Does the event appear in the collective agreement?If so, it is an exceptional permission: not deducted from annual leave and with no pay deduction
3. Failing that, is it personal convenience?If so, management's agreement is required, and the absence is deducted from leave or treated as unpaid

This sequence avoids the most common error: treating as a favour what is a right, or the reverse.

3. What each regime does to the contract and payroll

RegimeContractPayAnnual leave
Annual leaveSuspendedLeave allowance paid at departure-
Non-occupational illnessSuspended, 6 months maximumCompensation per scale and agreementPeriod treated as effective work
Workplace accidentSuspendedINPS benefitsPeriod treated as effective work
MaternitySuspendedINPS daily allowancesPeriod treated as effective work
Widowhood, pilgrimageSuspendedNo statutory obligation; check the agreementCheck the agreement
Family-event permissionShort absenceNo pay deductionNot deducted, within the contractual limit
Convenience authorisationShort absenceAs agreedDeducted from leave, or unpaid

On the general effects of suspension, see Grounds for legal suspension of the contract. Labour Code, Articles L.34 and L.149 (French).

4. What the Code sets, and what the agreement details

A division of roles governs the whole area, and it must be kept in mind to know which text to consult:

  • The Labour Code sets principles and ceilings: annual leave length, grounds for suspension, the ten-day limit on exceptional permissions not deducted from accrued leave.
  • The collective agreement details the events opening entitlement to permission and their durations, which vary by sector.
  • The establishment agreement may be more favourable still, but never less.

Hence the reflex to build into HR teams: consult the agreement before answering, not the internal rules alone. Labour Code, Article L.146 (French).

5. Put it in writing, in every case

Whatever the regime, the absence is formalised in writing. The document states:

  • the applicant's surname, first names and position;
  • the exact reason, which determines the applicable regime;
  • the duration and the return date;
  • the payroll treatment applied: annual leave, unpaid, non-deductible, or compensated.

The last line is the one most often left out, and the one that generates disputes. Writing the treatment down when the request is granted avoids having to explain it a month later on a payslip.

Key takeaways

The ruleWhat it implies
Six families of leave, six regimesThe reason determines everything else
Three questions, in orderRight? Agreement? Convenience?
The Code sets principles, the agreement detailsConsult the agreement before answering
Protected leave counts towards annual leaveIllness, workplace accident, maternity
Family permissions are not deducted from leaveWithin the limit set by the agreement
Everything is formalised in writingReason, duration, return date, payroll treatment