Carrying over of leave days tolerated in the care sectors

Author: Catherine Legardien (Legal Expert)

Due to the health crisis, the carrying over to 2022 of annual leave days to which employees are normally entitled in 2021 may be tolerated in the care sectors.

As a reminder, annual leave days must be granted before 31 December 2021. It is therefore prohibited to carry over leave days not taken in 2021 to 2022 (see, on this subject, Annual leave days and the end of the year: which rules must be observed?).

However, the Minister of Employment has invited the competent inspection services to, on a strictly exceptional basis, show tolerance in the event of non-compliance with this rule for employees working in the care sectors, and only for care professions. The carrying over of leave days to 2022 may therefore be tolerated, provided that the employer and the employee concerned agree.

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