In accordance with the provisions of article L. 151-7 of the Labour Code, the rights relating to the statutory public holiday not worked for employees also apply to pupils and students during school holidays.
Statutory public holiday falling on a Sunday
Holiday on which the pupil or student would not have worked anyway
If the public holiday falls on a Sunday, the pupil/student is entitled to:
- 1 day of compensatory leave, which must be granted, in accordance with the provisions of the Labour Code, within 3 months of the date of the public holiday in question, or before the end of the contract if the latter is for less than 3 months (while complying with the maximum period of occupation for pupils and students) (FAQ D2b6).
The day of compensatory leave must be taken in kind and cannot be reimbursed by financial compensation.
Public holiday on which the pupil or student would normally have worked
If a public holiday falls on a Sunday on which the pupil or student would normally have worked, in accordance with the terms of his/her contract, he/she shall be entitled to:
- remuneration for the number of hours worked that would normally have been worked on that day, without an additional day of leave being granted (FAQ D2b7 FAQ D2b16).
Statutory holiday falling on a working day
In this case, a distinction must be made between whether the pupil or student would not have worked in any case or whether they would normally have worked or would have worked only 4 hours or less, all in accordance with the terms of their contract.
Holiday on which the pupil or student would not have worked anyway
If a public holiday falls on a working day on which the pupil or student would not have worked in any case, in accordance with the stipulations of his/her contract, he/she is entitled to:
- 1 day of compensatory leave, which must be granted, in accordance with the provisions of the Labour Code, within a period of 3 months commencing on the day after the public holiday in question.
If two public holidays fall on the same working day on which the pupil or student would not have worked in any case, the pupil or student is entitled to:
- 1 day of compensatory leave, which must be granted, in accordance with the provisions of the Labour Code, within a period of 3 months commencing on the day after the public holiday in question.
- 1 day of compensatory leave for the second public holiday, which must be granted, in accordance with the provisions of the Labour Code, within 3 months of the day following the public holiday in question.
If compensatory leave cannot be granted during the duration of the student contract (FAQ D2b6), the pupil/student is entitled to the salary corresponding to the duration of the leave.
Public holiday on which the pupil or student would normally have worked
If a public holiday falls on a working day on which the pupil or student would normally have worked more than 4 hours in accordance with the terms of his/her contract, that day is free and he/she is entitled to :
- payment for the number of hours worked that would normally have been worked on that day, without an additional day of leave being granted.
If two public holidays fall on the same working day on which the pupil or student would have worked, the pupil or student is entitled to :
- remuneration for the number of hours that would normally have been worked on that day at the normal hourly rate,
- 1 day of compensatory leave for the second public holiday, which must be granted, in accordance with the provisions of the Labour Code, within 3 months of the day following the public holiday in question.
If compensatory leave cannot be granted during the duration of the student contract (FAQ D2b6), the pupil/student is entitled to the salary corresponding to the duration of the leave.
Public holiday on which the pupil or student would have worked only 4 hours or less
If a public holiday falls on a working day on which the pupil or student would have worked only 4 hours or less, in accordance with the terms of their contract, they are entitled to:
- remuneration for the number of hours worked that would normally have been worked on that day,
- + a ½ day compensatory leave which must be granted, in accordance with the provisions of the Labour Code, within a period of 3 months commencing on the day after the public holiday in question.
If two public holidays fall on the same working day on which the pupil or student would have worked 4 hours or less, the pupil or student is entitled to:
- remuneration for the number of hours that would normally have been worked on that day,
- + a ½ day compensatory leave which must be granted, in accordance with the provisions of the Labour Code, within a period of 3 months commencing on the day after the public holiday in question. If compensatory leave cannot be granted during the duration of the student contract (FAQ D2b6), the pupil/student is entitled to the salary corresponding to the duration of the leave.
- + a ½ day compensatory for the second public holiday, which must be granted, in accordance with the provisions of the Labour Code, within a period of 3 months commencing on the day after the public holiday in question.
If compensatory leave cannot be granted during the duration of the student contract (FAQ D2b6), the pupil/student is entitled to the salary corresponding to the duration of the leave.