Letter template: request payment for your unused paid leave

You need a letter model to claim payment for your vacation before losing it? Here are two typical examples that you will find useful in requesting payment. Leave is part of your rights. The law lists different kinds of rest that can be taken depending on the circumstances. These periods of inactivity are sometimes framed by a precise calendar. It may not be possible for you and your employer for whatever reason. To take all of your vacation on the dates provided for in your structure. How to request the payment of his paid vacation not taken?

Employee rights

According to the article L. 3141-3 of the Labor Codel, any employee, regardless of their seniority, contract or status. Entitled to 2,5 days of paid vacation per month of work. The calculation is based on the notion of so-called actual time, which indicates the periods during which the employee is available to his employer for work.

Certain leaves or absences are also taken into account. For example, parental or adoption leave, stoppages relating to an occupational disease or an accident at work, vocational training. Contractual provisions may provide for additional paid holidays.

How to take paid vacation?

Paid leave is acquired legally during a reference period, from June 1 of the previous year to May 31 of the current year, unless otherwise agreed, waived or agreed. According to Article L. 3141-12 of the Labor Code, leave can be taken upon hiring. They must be installed in accordance with the determination rules in force in your company.

What happens to paid leave not taken?

In principle, if the employee has not taken all the paid leave to which he was entitled during the reference period, then these will be lost. Normally, he cannot carry them over to the next reference period. However, the law allows it in the event that an agreement or a usage in the company is in force. The same applies if the postponement follows parental or adoption leave. Also in the event of the employee's absence following an occupational disease or a work accident.

Regarding sick leave, whether professional or name. They will affect the postponement of your vacation. If the events happened before the holidays, they will not be lost. The employee will be able to benefit from their postponement after the date of resumption of work. On the other hand, if the illness or the accident occurs during the paid vacation, the employee will not obtain any extension, unless there is an agreement or a collective agreement which provides for it.

If the postponement of paid vacation is impossible, it will naturally be lost. Unless this impossibility comes from the employer's fault. As such, the latter must compensate the employee.

The request for payment of paid leave not taken

In certain circumstances, the employee was not able to enjoy all of his paid vacation. This is the case if the employer has refused the grant due to an excessive workload or if several people wish to leave on the same dates. The employee will thus be able to ask his employer to pay him by paying compensation for paid vacation.

This is also the case for a breach of contract, whether it is a resignation, a dismissal, a contractual termination or a retirement. The employee receives, for paid leave not taken at the date of cancellation, a compensatory allowance established in accordance with Article L3141-28 of the Labor Code.

If you are eligible for one of these allowances, but you have not received anything. It is helpful to remind your employer of your rights. This request is not subject to any specific formality. But before intervening orally or by mail. Check the applicable agreements in your company.

Sample letter requesting payment for unpaid leave

Julien dupont
75 bis rue de la grande porte
75020 Paris
Phone: +06 66 66 66
julien.dupont@xxxx.com 

Dear,
Function
Address
ZIP code

In [City], on [Date]

 

Subject: Request for compensation for paid vacation not taken

Sir,

Employee in our company as a [function] since [date], I sent you, as agreed, a request for paid leave by email for the period from [date] to [date].

Initially, you refused my departure on leave because of too heavy a workload at the time. My vacation has therefore been postponed at your initiative. The activity within the company never stopped growing thereafter. The reference period is coming to an end without my having had the opportunity to take my leave.

After consulting my last payslip, I noticed that these days of paid vacation not taken were not part of my balances. However, I remind you that case law gives the employee the right to benefit from a compensatory allowance and these when the situation is due to the employer.

Therefore, I would be grateful if you could intervene to have me paid the amount of compensation corresponding to the [number] days of leave that I was unable to take. Or at least bring me some clarification on the situation in case of mistake on my part.

Counting on your attention, please accept, Sir, my sincere greetings.

                                                                                                                                  signature.

Example of request for payment of paid leave not taken after termination of contract

Julien dupont
75 bis rue de la grande porte
75020 Paris
Phone: +06 66 66 66
julien.dupont@xxxx.com 

Dear,
Function
Address
ZIP code

In [City], on [Date]

 

Subject: Request for payment of compensation for paid vacation

Madame,

I hereby follow up the regularization of my balance of any account resulting from the termination of the employment contract which bound us due to my resignation / my dismissal /, etc.

As such, you sent me my last payslip. But after consulting it, I noticed that it did not mention the compensation for paid vacation.

However, case law stipulates in article L 223-14 of the Labor Code that “when the employment contract is terminated before the employee has been able to benefit from all of the leave to which he was entitled, he receives the fraction of the leave from which he did not benefit, a compensatory allowance… ”, ie in my case the equivalent of [number] days when I left the company.

I would therefore like to thank you for paying me the sums owed to me as soon as possible. I would also like someone to send me a new corrected payslip.

In the meantime, please accept, Madam, the expression of my distinguished feelings.

 

                                                                                                                            signature.