The rules of fractional days finally explained... in all simplicity
In accordance with the French Labor Code, split days, or congés de fractionnement, refer to additional vacation days 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 taking a closer look at all the specific features of these days, which are governed by complex rules, and offering you additional advice on how to manage them more effectively.
It's finally vacation time for your HR department 🏝️!
Definition of split days
Split days are extra days off granted to employees who take part of their main vacation (i.e. 24 working days) outside the summer period, which runs from May 1 to October 31.
In France, this practice is designed to encourage employees to spread their vacations over the year, thus promoting a better distribution of work. Indeed, if everyone leaves in July and August, the company is out of business!
However, to benefit from it, the employee must take 12 consecutive working days over the legal period.
💡Note: the fifth week of leave is not included in the split calculation, 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 concerned by split days?
Answer: all employees. Whether you're on a permanent or fixed-term contract, full-time or part-time.
☝️Toutefois, certain conditions must be met to qualify:
- have acquired at least 15 working days of paid vacation;
- have taken 12 consecutive days during the statutory period;
- have a balance of at least 3 working days outside the legal period.
💡 Namely: with regard to the above conditions, part-timers are concerned as soon as they have accumulated enough days in proportion to their vacation entitlement. The same applies to new recruits, whose vacation entitlement will depend on the time spent on the job.
How are split days calculated?
The principle
According to the French Labor Code, fractional days are calculated on the basis of the number of days remaining on October 31, without taking into account the fifth week of vacation.
In other words, the additional days are calculated on the basis of 4 weeks' paid vacation, i.e. 24 days. Allocating fractional leave is therefore very simple 👉.
How do I get 1 day of fractional leave?
The employee obtains 1 day of fractional leave if he or she has between 3 and 5 days left to take on October 31, in addition to the fifth week.
How do I get 2 fractional days?
You get 2 days if you have at least 6 working days left, in addition to the fifth week.
Examples of split day calculations
| Setting CP during the legal period | Split days |
| The employee has only taken 15 consecutive days out of a possible 24. | 24 - 15 = 9 9 > 6 → employee has 2 fractional days |
| Employee takes 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 fractional days |
| The employee takes 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 to know about split days
Are split days compulsory?
Not all situations require the use of split days. In fact, 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 legal provisions, but they can also choose to propose more favorable 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 with his employer and voluntarily chooses to waive in writing the split days to which he would be entitled, preferring to freely stagger his remaining leave over the end of the year for personal reasons. The company accepts this arrangement, which is then formalized in a written agreement.
When to take split leave?
Split days can be taken as early as November 1 and as late as April 30 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.
- Employer-initiated splitting : in this case, the employer must automatically grant the corresponding split days, if the conditions are met. The employee's consent is not required.
- Employee-initiated splitting: when it is the employee who wishes to split his or her main leave, the company has the option of refusing the request. Nevertheless, once the conditions for allocating split days have been met on October 31 (for example, the employee has taken the majority of his leave outside the summer period), the employer can no longer refuse these days, unless he has a written waiver agreement.
💡To wit: if the company refuses to grant split days without having secured a waiver agreement, it risks financial penalties of up to 1,500 euros per offence, or 3,000 euros in the event of a repeat offence, for each employee affected.
Why waive split days?
Giving up split days can sometimes be an advantage for some employees, especially those who prefer greater flexibility in managing their working and rest times.
💡 Example: an employee could choose to forgo these extra days in exchange for the possibility of grouping his or her vacations:
- for a longer vacation period ;
- or at a specific time of the year more suited to his or her personal or family needs.
What about split days and SYNTEC?
This rule applies to all companies. However, if a branch agreement or collective bargaining agreement derogates from this rule, the company is no longer subject to it.
This is the case in the engineering, digital, consulting, events and professional training sectors, where the SYNTEC agreement works the other way round. And with good reason: the majority of firms and agencies prefer to close in August due to a drop in activity, and so encourage their staff to take their main leave in the summer, without any extra days in the bargain.
How can split leave be managed efficiently?
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 in avoiding errors and oversights.
That's why more and more employers and HR managers are choosing to rely on leave management software, handy for making processes more reliable and ensuring compliance with current regulations, while saving time!
💡 A few examples of these software packages:
- Eurécia Congés & Absences, one of the modules in the all-in-one Eurécia HRIS ;
- JOUROFF, a more global working time management platform;
- Mon Intranet, an online leave 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 translate this into concrete terms for your employees, whether or not they benefit from them.
Good leave management requires managerial qualities such as communication, responsiveness and transparency. All the software solutions presented here have serious assets to relieve you on a daily basis and meet the needs of your teams.
Whatever the case may be, 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 breathe a sigh of relief...
Article translated from French