How do France working time and leave rules work in 2026?

The 35 hours reference comes from Code du travail art. L3121-27. Unlike the UK or Germany, France does not permit workers to sign an individual agreement to work beyond the legal week. The limit is a hard statutory reference, not an averaged ceiling.

Overtime premiums

Overtime in France carries mandatory pay premiums. These apply from the 36th hour onwards:

Collective bargaining agreements (conventions collectives) can set higher premiums. They cannot reduce them below the statutory floor. Many professional-services CBAs pay a flat 50% premium on all overtime hours.

Daily working-time limit

The maximum normal working day is 10 hours. This cap can be extended by company agreement or CBA, subject to a hard absolute cap set by the Code du travail. Night work is subject to additional restrictions with its own average-per-night ceiling.

Forfait jours: the cadre exception

Senior employees (cadres) who have real autonomy over their schedule can be placed on a forfait en jours arrangement. Under a forfait jours, the employee's working time is measured in days rather than hours. The statutory annual cap on working days under a standard forfait is set in the Code du travail; many CBAs apply a lower cap. A forfait jours employee is not subject to the 35 hours weekly reference but must receive the same rest entitlements as other workers. The arrangement must be set out in the employment contract and must be covered by a company or sector-level agreement.

The daily rest obligation comes from Code du travail art. L3131-1. The weekly rest requirement is at art. L3132-2.

Sunday is the default rest day in France. Retail and certain other sectors can apply to operate on Sundays under specific legal authorisations. Workers asked to give up their Sunday rest are entitled to compensation under the applicable CBA or company agreement.

Young workers under eighteen have stricter daily and weekly time limits than adults, with longer mandatory daily rest and two full days of weekly rest required each week.

The 25 days entitlement is set by Code du travail art. L3141-3. Leave accrues at a rate of two and a half working days per month of work during the reference period (one June to thirty-first May). That gives 25 days for a standard five-day-week employee over a full reference year.

How public holidays interact with annual leave

In France, the 11 public holidays are entirely separate from the 25 days of annual leave. If a public holiday falls on a working day, the employee does not lose a day of annual leave. This is different from the UK, where bank holidays are typically bundled into the annual leave total.

Leave reference period and carry-over

The reference period runs from the first of June to the thirty-first of May each year. Leave accrued in this period must generally be taken before the end of the following May. Carry-over beyond that date requires a written agreement between employer and employee. Some conventions collectives allow longer carry-over windows.

If an employee is on sick leave for an extended period during the reference year, the law now allows them to recover a portion of the leave accrued during the absence. This right follows a 2023 reform aligning France with EU case law. The employee has fifteen months from their return to take the recovered days.

Holiday pay calculation

Holiday pay must be the higher of two calculations: the employee's normal daily salary, or one-tenth of total remuneration earned in the reference period divided by the number of days worked. In practice the one-tenth rule often gives a higher result for employees with variable pay or commission, and employers must apply whichever is more favourable to the employee.

Market practice above the statutory floor

Many French employers, particularly in professional services and technology, grant additional days beyond the statutory minimum. Cadres on forfait jours arrangements often receive additional rest days (RTT) as compensation for their schedule flexibility, negotiated at company or sector level.

1. Confirm the statutory leave entitlement

   Every employee on a standard five-day week accrues two and a half working days of paid leave per month of work during the reference period, giving 25 days per year. This is entirely separate from the 11 public holidays, which sit on top and are not deducted from it.

2. Track the reference period

   The leave reference period runs from the first of June to the thirty-first of May each year. Leave accrued in one reference period must generally be taken before the end of the following May. Record start and end dates of any leave taken so balances remain accurate across the period.

3. Apply the correct holiday pay calculation

   Holiday pay must be the higher of two calculations: the employee's normal daily salary, or one-tenth of total remuneration earned in the reference period divided by days worked. For employees with variable pay or commission, the one-tenth rule often gives a higher result. Always apply whichever calculation is more favourable to the employee.

4. Manage sick leave accrual recovery

   If an employee is on sick leave for an extended period during the reference year, they may recover a portion of leave accrued during the absence following the 2023 reform. The employee has fifteen months from their return to take those recovered days. Note the return date and calculate the recovery window accordingly.

5. Handle overtime and forfait jours arrangements

   Senior cadre employees placed on a forfait en jours arrangement have their working time measured in days, not hours. They are not subject to the 35 hours weekly reference but must receive the same rest entitlements as other workers. The arrangement must be set out in the employment contract and covered by a company or sector-level agreement.

6. Coordinate sick pay through the IJSS mechanism

   When an employee is absent through illness, Assurance Maladie pays the daily allowance after the 3 days waiting period at 50% of average base daily salary. The employer pays nothing during the waiting days unless the applicable collective bargaining agreement requires a top-up. Check the CBA for any employer top-up obligation above the IJSS floor.

France has 11 public holidays under Code du travail art. L3133-1. Alsace-Moselle has a local derogation granting two additional days: Good Friday and the day after Christmas. Employers based in Alsace-Moselle or with employees working there must apply the extended list.

When a public holiday falls on a Sunday, there is no automatic substitute weekday in France. Some CBAs provide for a replacement day; many do not. Confirm the applicable CBA before telling an employee they will receive a day in lieu.

Pay on public holidays

Employees cannot be required to work on Labour Day (first of May) without additional pay. For all other public holidays, the obligation to work or to receive enhanced pay depends on the applicable CBA. Many French professional employers treat all 11 public holidays as paid days off regardless of the CBA floor.

Maternity leave (conge de maternite)

French maternity leave for a first or second child is 16 weeks, split between a prenatal period before the due date and a postnatal period after the birth. For a third or subsequent child the leave is longer. Multiple births carry even longer entitlements. Check the applicable collective agreement for enhanced arrangements above the Code du travail floor.

The leave is paid through daily allowances (indemnites journalieres, IJSS) from Assurance Maladie, not by the employer. The employer does not pay the maternity benefit directly. The employee must have been registered with Assurance Maladie and have met the qualifying contribution conditions to receive the allowance. Source: Ameli: Duree du conge maternite.

Dismissing an employee during maternity leave is prohibited. Protection continues for a period after the end of leave.

Paternity and child-welcoming leave (conge de paternite et d'accueil de l'enfant)

The father or second parent is entitled to 25 days of leave following a single birth. The total combines a mandatory block taken immediately after the separate employer-funded birth leave, plus an optional block to be taken within six months of the birth. The mandatory portion cannot be waived by either party. Multiple births give a longer entitlement. The allowance is paid by Assurance Maladie. Source: Ameli: Conge de paternite et d'accueil de l'enfant.

Parental leave (conge parental d'education)

After maternity or paternity leave, either parent can take an unpaid parental education leave (conge parental d'education) to care for the child. This leave can last until the child's third birthday. It can be taken as full-time leave or as a reduction in working hours. The right to return to the same or an equivalent role is protected.

Market practice

Many French employers, particularly in technology and professional services, top up the Assurance Maladie daily allowance to full salary during maternity leave. Some extend enhanced pay to paternity leave too. These supplements are contractual, not required by law, but are common in competitive hiring.

When a French employee goes off sick, the mechanism works differently from the UK or Germany. The employer's direct cost is low. The Assurance Maladie pays the sick employee directly after the waiting period. The employer's obligation is to continue paying what the CBA or contract requires above the IJSS floor, if anything.

The IJSS mechanism

After the 3 days waiting period, Assurance Maladie pays the employee a daily allowance. The standard replacement rate is 50% of the employee's average daily base salary, subject to a ceiling linked to the social security ceiling (PSS). The allowance can continue for several years in cases of long-term illness, subject to periodic review.

The 3 days waiting period (carence) means the first days of sickness carry no state benefit. Many French CBAs oblige the employer to pay full or partial salary during the carence. In professional-services sectors it is common for the CBA to eliminate the employer-side carence after a qualifying period of service.

Employer top-up obligations

The Code du travail requires employers to maintain salary continuation above the IJSS floor for employees who have completed the minimum qualifying service. The top-up obligation rises with seniority: employees with shorter service receive fewer days of full pay, those with longer service receive more. The applicable CBA often improves on these Code du travail minimums. The net employer cost depends on what the CBA requires above the IJSS floor.

Medical certification

The employee must obtain a medical certificate (avis d'arret de travail) from a doctor. The certificate has two parts: one sent to Assurance Maladie promptly after the absence begins, and one retained by the employee. The employer must be notified of the absence. CBAs typically specify the notification deadline; many require notice within the first day or two of absence.

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Key sources: Code du travail, Ameli: IJSS maladie, and Ministere du Travail.