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Vacation entitlement
Hi Everyone, hoping someone can help out here..
I left my previous employer in 2013 after about a decade. As a result I received an indemnity that ran until end April 2014. Since May I have been on Chomage / unempolyement but am due to start a new job on 1 February. The new HR department seem a bit unsure so I wondered if anyone out there had an idea what my holiday entitlement would be for 2015? Are only Jan-April 2014 taken into account for the previous year, or does the period on Chomage also count? (Chomage also carries an entitlement based on the previous year)
Thanks very much in advance
To my understanding the holidays accrued during the unemployment can not be transferred to employment. The entitlement should have been included in your last unemployment payment.
However the system of the supplementary holidays ('vacances europeennes') gives you a right (but does not obligate) to have max.20 days of holidays during a calendar year (your actual accrued holidays + extra days to reach the 20days). The additional days have to be 'earned'; you can take the first 5 days after 3 months of work for the new employer, the following 5 days after 6 months of employment etc.
The supplementary holidays can be taken paid or unpaid. If you choose to take the them paid, the salary you receive from those days will be deducted from your future holiday allowances (from double pecule of 2016, and if there is still balance left also from 2017).
So in practice, you have accrued 6.7days of holidays during Jan-Apr 2014 (4/12 x 20days), to be taken during 2015. In addition you have the possibility to take 13.3 days of supplementary holidays (20 - 6.7 days). If you start in the middle of the year your right for the supplementary holidays is calculated pro rata (say you start in June, your normal holiday entitlement would be 10 days (1/2 x 20), so you could have your actual accrual + 3.3 days).
Keep in mind that when you finished your last job your unused accrued holidays were paid out to you. When you start a new job your employer deducts that payment from your first salary, and then pays it back to you once you take your holidays. Some employers prefer not to go through this moving money back and forth and propose that you take your ancient accrued days unpaid.
Thank you very much, AO, for your very detailed and helpful response. (Apologies for such a delayed acknowledgement). Much appreciated.
