Employment law
Leave and permissions: the overview
"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:
| Family | What it covers | Detailed article |
|---|---|---|
| Annual leave | 2.5 days per month, 30 days a year | Paid leave |
| Sick leave | Illness or accident, occupational or not | Sick leave |
| Maternity leave | 14 weeks, paid by the INPS | Maternity leave |
| Widowhood and pilgrimage leave | Up to 4 months and 10 days | Widowhood and pilgrimage |
| Training leave | Vocational training, workers' education | - |
| Family-event leave | Marriage, birth, bereavement | Family 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:
| Question | What 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
| Regime | Contract | Pay | Annual leave |
|---|---|---|---|
| Annual leave | Suspended | Leave allowance paid at departure | - |
| Non-occupational illness | Suspended, 6 months maximum | Compensation per scale and agreement | Period treated as effective work |
| Workplace accident | Suspended | INPS benefits | Period treated as effective work |
| Maternity | Suspended | INPS daily allowances | Period treated as effective work |
| Widowhood, pilgrimage | Suspended | No statutory obligation; check the agreement | Check the agreement |
| Family-event permission | Short absence | No pay deduction | Not deducted, within the contractual limit |
| Convenience authorisation | Short absence | As agreed | Deducted 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 rule | What it implies |
|---|---|
| Six families of leave, six regimes | The reason determines everything else |
| Three questions, in order | Right? Agreement? Convenience? |
| The Code sets principles, the agreement details | Consult the agreement before answering |
| Protected leave counts towards annual leave | Illness, workplace accident, maternity |
| Family permissions are not deducted from leave | Within the limit set by the agreement |
| Everything is formalised in writing | Reason, duration, return date, payroll treatment |