For the duration of the Covid-19 crisis and due to the increased activity in sectors with essential activities and activities that have been authorised by the government, the employers concerned can refuse or cancel the leave of their employees:
Employers must keep a register of legal leave for all their employees. Legal leave includes ordinary and extraordinary leave. This register must be kept up to date at all times. It may be in the form of a book or an electronic file.
It is subject to inspection by the Inspectorate of Labour and Mines (Inspection du travail et des mines - ITM) and may serve as proof in the event of a dispute.
Who is concerned
Employers must keep a register of leave for all their employees.
For workers not on the staff register of the business where they carry out their work, leave is registered by the contractual employer, i.e.:
- the temporary employment agency for temporary employees;
- the seconding business for seconded employees;
- the 'lending' business in the case of labour leasing, etc.
How to proceed
Form of the Register of leave
The register of leave may be kept in various forms: register in paper format, electronic file, etc.
It is advisable to include the following information on the register:
- name of the employee;
- dates and duration of leave taken;
- date on which the leave was approved and the person responsible;
- type of leave and, where necessary, justification (in the case of special or extraordinary leave).
Employees are entitled to consult the section on their personal situation in the register of leave. They do not need to sign the register.
Types of leave recorded in the Register of leave
Ordinary leave is considered as:
- paid annual leave granted to all employees;
- additional paid annual leave for employees who are unable to take an uninterrupted 44-hour break from work every week, disabled workers, disabled war veterans or victims of occupational accidents.
Leave for personal reasons (extraordinary leave)
Leave for personal reasons is granted to employees who are required to be absent from work for personal reasons.
Employees are entitled to other types of leave according to their professional or personal situation.