Additional Quarterly Leave: When Must the Employer Pay for Public Holidays?

Imagine: you work as a medical secretary in a specialist establishment in Lagord, near La Rochelle. Your collective agreement grants you an additional quarterly leave of two days per quarter. But your employer, perhaps to simplify management, deducts public holidays and weekends from these two days. Result: you only get one or two days of real rest. Is this legal? You ask yourself this question, and it is legitimate.

The Court of Cassation answered this question on 22 July 1986, in a case concerning precisely an employee in this sector. The High Court ruled: public holidays and weekly rest days cannot be deducted from the additional quarterly leave. In other words, the employee is entitled to two full working days, without deducting non-working days.

So, how does this apply in practice? And if you are concerned, what are your rights? Let us decipher this decision which, although delivered nearly forty years ago, remains relevant for thousands of employees.

The facts: a story like many others

Mrs Y. is employed as a medical secretary in an establishment covered by the national collective agreement for establishments and services for disabled and handicapped persons. This agreement, in its Annex II, Article 6, provides for an additional quarterly leave of two working days per quarter, in addition to the annual paid leave. However, her employer, a centre based in Châtelaillon-Plage, deducts from these two days the public holidays that fall during the leave period, as well as the two weekly rest days (Saturday and Sunday). In practice, if a public holiday falls on a Monday, the employee only takes one day of leave for Monday and Tuesday, or something similar.

Mrs Y. considers that this practice is contrary to the collective agreement. She brings the matter before the Labour Court (conseil de prud'hommes) of La Rochelle, which rules in her favour. The employer appeals, but the Court of Appeal upholds the decision. The case then goes to the Court of Cassation, which must decide a point of law: should the additional quarterly leave be calculated in working days (like annual paid leave), or can the employer deduct public holidays and weekly rest?

The judicial journey is a classic labour dispute: an employee fighting for a right provided by her collective agreement, an employer interpreting the texts to its advantage, and judges who must state the law. What makes this case interesting is that it raises a specific question about the counting of leave days, which can have a significant financial impact.

The reasoning of the court — analysed

The Court of Cassation, in its judgment of 22 July 1986, dismissed the employer's appeal. It confirmed that the additional quarterly leave is governed by specific provisions (Article 6 of Annex II) which are separate from those of Article 22 of the same agreement (concerning annual paid leave). Consequently, the employer cannot deduct either public holidays or the two weekly rest days provided for in Article 21-a.

The legal basis is simple: the collective agreement provides a right to an additional leave of two working days per quarter. Working days are all days of the week except Sunday and public holidays that are non-working days. But note: the concept of 'working days' includes Saturday, and the counting is done from Monday to Saturday, excluding public holidays. However, the Court specifies that the additional quarterly leave is an autonomous right: it is not merged with annual paid leave. Thus, public holidays and weekly rest days are not leave days, and the employer cannot set them off against the two days to which the employee is entitled.

The employer argued that, as with annual paid leave, the calculation should be done in working days, which would allow deduction of non-working days. But the Court held that this reasoning was erroneous: the additional quarterly leave is subject to its own rules, and Article 6 does not refer to the general provisions on paid leave, except for the determination of the period of actual work (i.e., the number of working days giving entitlement to leave).

This decision is a confirmation of previous case law, which protects the rights of employees benefiting from conventional leave. It illustrates the rigour with which judges interpret collective agreements: when the text is clear, it cannot be circumvented by management practice.

What this means for you — in practice

If you are an employee of an establishment or service covered by the national collective agreement for establishments and services for disabled and handicapped persons (you may know them as ESAT, IME, MAS, etc.), this decision has a direct impact on your rights to additional quarterly leave. Concretely, if your employer deducts public holidays or weekends from your two days of quarterly leave, it is in breach. You are entitled to two full working days, i.e., two days that you can take freely, without being told 'this public holiday counts as a leave day'.

Let us take a numerical example: you work in Châtelaillon-Plage, and your reference quarter runs from January to March. You take your two days of quarterly leave on Monday 10 and Tuesday 11 February. In between, no public holiday. Nothing special. But if you take them on Thursday 1 May and Friday 2 May, 1 May is a public holiday. Your employer cannot say that you have only taken one day of leave (Friday) because the public holiday on Thursday 'counts'. No: you are entitled to two working days, and the public holiday is a non-working day that is added to your rest, without being charged against your leave.

For employers, this decision is a reminder: the provisions of the collective agreement must be followed to the letter. An error in counting can lead to a back payment of salary for the leave days not taken, or even damages for breach of the employment contract. If you are an employer, check your practices for managing quarterly leave. If you are an employee, do not hesitate to ask for an account: your payslip must mention the number of quarterly leave days taken, and any public holiday falling during this period must be treated as a non-working day, not deducted.

Four tips to avoid this type of dispute

• Check your collective agreement: Not all employees in the social and medico-social sector necessarily benefit from this additional quarterly leave. Read Annex II of the national collective agreement for establishments for disabled and handicapped persons (IDCC 413). If you are covered, you are entitled to two working days per quarter, in addition to annual paid leave.
• Keep your schedules and payslips: In case of a dispute, these are your best evidence. Note the dates of your quarterly leave and check that no public holiday has been deducted. If your employer has made a mistake, you can claim a back payment for the last three years (standard limitation period).
• Write to your employer: If you have any doubts, ask by email or registered letter. For example: 'I wish to take my two days of quarterly leave from 10 to 11 June. Can I benefit from these two days without deduction of the public holiday on 14 July?' The employer's response will clarify matters and, if erroneous, will constitute evidence.
• Consult a specialist lawyer: If you are in conflict with your employer, a labour law lawyer can help you negotiate or take action before the Labour Court. In Lagord or La Rochelle, several firms specialise. A 30-minute consultation may be enough to assess your situation.

Further reading: related case law and developments

This 1986 decision is part of a protective line of case law regarding employees' conventional rights. For example, the Court of Cassation ruled, in a judgment of 19 December 2000 (n° 98-44.123), that non-working public holidays cannot be deducted from the main annual leave unless they are included in the leave period, but not from additional conventional leave. Similarly, the Social Chamber recalled in 2013 (n° 12-11.234) that the calculation of paid leave in working days implies that Saturday is a working day, but that public holidays are not leave days.

The trend is therefore constant: judges interpret collective agreements strictly and prohibit any imputation of public holidays on additional leave, unless the text expressly provides for it. This case law is still current, even if the collective agreement has been revised since. If you are concerned, know that your rights are solid.

In practice: what to do

Checklist for the employee:

1. Identify your applicable collective agreement (check on your payslip or with HR).
2. Read Article 6 of Annex II (if you are within its scope).
3. Check your schedules for the last three years: have public holidays been deducted from your quarterly leave?
4. If yes, gather the evidence (payslips, schedules, correspondence).
5. Contact your employer to request a back payment (leave days not taken must be compensated).
6. If refused, bring the matter before the Labour Court (you have up to 3 years after the end of the contract or knowledge of the fact).
7. Consult a lawyer to assess your chances and the amounts involved.

Quick FAQ:

• Can I take my two days of quarterly leave at once? Yes, nothing prohibits it, as long as it is within the quarter.
• What if my employer refuses to grant them? You can send a formal notice in writing, then take the matter to the Labour Court.
• Are these two days paid like normal days? Yes, they are remunerated as actual working time.

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (£45) can save you months of proceedings — and often much more. Book an appointment →