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Saint Martin (French Part)

Vacation and Leave Policies

Understand the regulations on vacation and other types of leave in Saint Martin (French Part)

Holiday leave

In Saint Martin (French Part), the French Labour Code (Code du travail) stipulates that all employees have a right to an annual paid vacation. This right begins to accrue from the first day an employee starts working.

Calculating Vacation Leave

The standard entitlement for vacation leave is 2.5 working days per month worked. This amounts to a total of 30 working days, or five weeks, per year. It's crucial to understand that employees cannot forfeit their right to vacation leave.

Additional Factors

There are other factors to consider regarding vacation leave. For example, some sectors or companies may have collective agreements that provide more generous vacation entitlements than the legal minimum. For part-time workers, entitlements are calculated on a proportional basis. When it comes to taking vacation leave, employers should consult with employees about their preferred vacation periods. However, the employer generally has the final say on when leave can be taken.

Public holidays

New Year's Day, celebrated on January 1st, marks the start of the calendar year. Labor Day, also known as International Workers' Day, is celebrated on May 1st and it honors the labor movement and workers' contributions. Victory in Europe Day, celebrated on May 8th, commemorates the end of World War II in Europe. Abolition of Slavery Day, celebrated on May 27th, marks the abolition of slavery in the French Caribbean colonies in 1848.

Bastille Day, celebrated on July 14th, is France's National Day, commemorating the Storming of the Bastille during the French Revolution. Assumption Day, celebrated on August 15th, is a Catholic feast day celebrating the bodily ascent of the Virgin Mary into heaven. All Saints' Day, celebrated on November 1st, is a Christian holiday honoring all saints. Armistice Day, celebrated on November 11th, commemorates the armistice ending World War I. Christmas Day, celebrated on December 25th, is a Christian holiday celebrating the birth of Jesus Christ.

Variable Date Holidays

Good Friday is the Friday before Easter Sunday, commemorating the crucifixion of Jesus Christ. Easter Monday is the Monday following Easter Sunday, celebrating the resurrection of Jesus Christ. Ascension Day occurs 39 days after Easter and is a Christian holiday commemorating Jesus Christ's ascension into heaven. Whit Monday occurs 50 days after Easter and is a Christian holiday marking the descent of the Holy Spirit upon the Apostles.

Please note that regional celebrations or local holidays might also be observed in Saint Martin (French Part).

Types of leave

In France, employees are entitled to various types of leave, each governed by specific regulations.

Vacation Leave

  • Legal Basis: French Labour Code (Code du travail)
  • Entitlement: Employees accrue 2.5 working days of paid vacation per month worked. This equates to 30 working days (or five weeks) per year.

Sick Leave

  • Legal Basis: French Labour Code and Social Security regulations (Code de la Sécurité Sociale)
  • Entitlement: Employees are eligible for paid sick leave upon providing a medical certificate. The specific amount and duration of paid sick leave depend on factors like seniority and the nature of the illness. Employers often supplement Social Security payments to ensure employees receive their full salary during sick leave.

Maternity Leave

  • Legal Basis: French Labour Code and Social Security regulations
  • Entitlement: Female employees are granted paid maternity leave, typically for 16 weeks (6 weeks before birth, 10 weeks after). Duration can be extended in certain situations, such as multiple births or health complications.
  • Payment: The Social Security system covers the majority of the salary during maternity leave.

Paternity Leave

  • Legal Basis: French Labour Code
  • Entitlement: Fathers are entitled to 11 consecutive days of paternity leave for a single birth, or 18 days in case of multiple births. This leave is paid.

Parental Leave

  • Legal Basis French Labour Code
  • Entitlement: Eligibility depends on the number of children. Unpaid leave to care for a child, with a guaranteed right to return to the same or an equivalent position afterward.

Bereavement/Compassionate Leave

  • Legal Basis: French Labour Code, often expanded upon in collective agreements
  • Entitlement: Typically granted for the death of close family members. Standard allowance is 3 days for the death of a spouse, child, or parent, potentially more depending on circumstances.

Other Types of Leave

  • Sabbatical Leave: May be available for professional development or personal projects, subject to conditions.
  • Leave for Family Reasons: French law provides for various leaves to manage family events (child's illness, care for a disabled relative, etc.)

Important Notes:

  • The French Labour Code (Code du travail) provides essential guidelines, details are found in the Social Security Code and can be complex.
  • Specifics of certain leave policies often depend on collective bargaining agreements negotiated within a particular sector or company.
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