The rules on split days explained... in simple terms
Under the French Labour Code, split days, or congé de fractionnement, refer to additional days of holiday allocated to employees under certain conditions, in addition to the basic 30 working days per year.
Were you unaware of their existence, or do you frequently forget about them? Perhaps you grant them systematically, sometimes wrongly, without checking that all the conditions are met?
Today we're going to take a closer look at the specifics of these split days, which are governed by complex rules, and we'll also give you some tips on how to manage them more effectively.
It's finally time for a holiday for your HR department 🏝️!
Definition of split days
Split days are extra days off granted to employees who take part of their main holiday, i.e. 24 working days, outside the summer period which runs from 1 May to 31 October.
In France, the aim of this practice is to encourage employees to spread their holidays over the year, thereby encouraging a better distribution of work. If everyone leaves in July and August, the business will grind to a halt!
However, in order to benefit from this, the employee must take 12 consecutive working days over the statutory period.
Note: the fifth week of holiday does not count towards the split, as it must be taken outside the summer period (for the end-of-year festivities, for example).
How can I benefit from split days?
Who is affected by split days?
The answer is: all employees. Regardless of whether they have a permanent or fixed-term contract, or whether they work full-time or part-time.
☝️Toutefois, certain conditions must be met to qualify:
- have acquired at least 15 working days' paid holiday;
- have taken 12 consecutive days during the statutory period;
- have a balance of at least 3 working days outside the statutory period.
💡Note: with regard to the above conditions, part-timers are affected as soon as they have accumulated enough days of holiday in proportion to their working hours. The same applies to new recruits, whose holiday entitlement will depend on the time spent in post.
How are split days calculated?
The principle
According to the Labour Code, split days are calculated on the basis of the number of days remaining on 31 October, without taking into account the fifth week of holiday.
In other words, the additional days are planned taking into account only 4 weeks' paid holiday, i.e. 24 days. Allocating fractional leave is therefore very simple 👉.
How do I get 1 day of split leave?
Employees get 1 day's fractional leave if they have between 3 and 5 days left to take on 31 October, in addition to the fifth week.
How do I get 2 split days?
Employees are entitled to 2 split days if they have at least 6 working days left, in addition to the fifth week.
Examples of split day calculations
| Posting of annual leave during the statutory period | Split days |
| The employee has only taken 15 consecutive days out of the 24 possible days | 24 - 15 = 9 9 > 6 → the employee has 2 split days |
| The employee has 15 days in July and 7 days in August | 15 + 7 = 22 24 - 22 = 2 → the number of days remaining is less than 3 → there are no split days |
| The employee leaves 6 days in July, 6 days in August and 6 days in September | 6 + 6 + 6 = 18 24 - 18 = 6 → but the employee has not worked 12 consecutive days → he is not entitled to split days |
Other rules you need to know about split days
Are split days compulsory?
It is not compulsory to have split days in all situations. Their application depends on the rules established by each company or the collective agreements in force.
Employers have the option of applying these days in accordance with the legal provisions, but they may also choose to propose more favourable arrangements, in agreement with staff representatives, or more specifically with the employee concerned.
💡 Example: suppose an employee takes 4 days in May and 12 days in August. He then decides to take the remaining 6 days in December. Before arriving at this plan, he discusses it with his employer and voluntarily chooses to waive in writing the split days to which he would be entitled, preferring to freely spread his remaining leave over the end of the year for personal reasons. The company accepts this arrangement, which is then formalised in a written agreement.
When should split leave be taken?
Split days can be taken as early as 1 November and as late as 30 April of the following year, the end of the reference period for annual paid leave.
Can the employer refuse split days?
In reality, it all depends on who initiates the split.
- Split on the employer's initiative : in this case, the employer must automatically grant the corresponding split days, if the conditions are met. The employee's consent is not required in this context.
- Splitting at the employee's initiative: when it is the employee who wishes to split his or her main leave, the company has the option of refusing the request. However, once the conditions for allocating split days have been met on 31 October (for example, the employee has taken the majority of his leave outside the summer period), the employer can no longer refuse these days, unless there is a written waiver agreement.
💡Note: if the company refuses to grant split days without having secured a waiver agreement, it risks financial penalties of up to €1,500 per offence, or €3,000 in the event of a repeat offence, for each employee affected.
Why waive split days?
Giving up split days can be an advantage for some employees, especially those who prefer greater flexibility in managing their working and rest time.
💡 Example: an employee could choose to give up these extra days in exchange for the possibility of grouping their leave :
- for a longer holiday period ;
- or at a specific time of the year that corresponds more closely to their personal or family needs.
What about split days and SYNTEC?
This split-day rule applies to all companies. Now, if a branch agreement or the agreement in force derogates from it, it is no longer subject to it.
This is the case in the engineering, digital, consultancy, events and professional training sectors, where the SYNTEC agreement works in the opposite way. The reason for this is that the majority of firms and agencies prefer to close in August due to a drop in activity, and therefore encourage their employees to take their main leave in the summer, without any extra days in return.
How can split leave be managed effectively?
With automation, of course!
You can't think of everything, or you'll be on the verge of burn-out! Automating tasks such as calculating split days and updating employees' leave counters is more than beneficial for avoiding errors and oversights.
That's why more and more employers and HR managers are choosing to rely on leave management software, which comes in very handy for making processes more reliable and ensuring compliance with current regulations, all while saving time!
💡 A few examples of this software:
- Eurécia Leave & Absences, one of the modules in the all-in-one Eurécia HRIS;
- JOUROFF, a more global working time management platform;
- Mon Intranet, an online holiday management solution made in France;
- Notys Congés et Absences, an easy-to-use tool perfectly suited to SMEs.
Take a break from cumbersome HR management
Split days are the result of a complex mechanism. As an employer, it's up to you to put this into practice for your employees, whether or not they benefit from it.
Good holiday management requires managerial qualities such as communication, responsiveness and transparency. All the software presented here has serious assets to relieve you on a daily basis and meet the needs of your teams.
Whatever the case, the issue of paid leave is very important not only for well-being in the workplace, but also for human relations between employers, HR managers and employees. Pay them special attention. Use dedicated software! And take a breath...
Article translated from French