Managing employee leave and vacation entitlements is a crucial aspect of compliance and employee relations for companies operating in Mayotte. As an overseas department and region of France, Mayotte largely follows French labor law, which provides a comprehensive framework for various types of leave, including annual vacation, public holidays, sick leave, and parental leave. Understanding these regulations is essential for employers to ensure they meet their legal obligations and support their workforce effectively.
Navigating the specifics of leave policies requires attention to detail, from calculating annual leave accrual to understanding the nuances of paid and unpaid leave types. The framework aims to provide employees with adequate rest, time off for personal events, and support during illness or family expansion, contributing to a balanced work environment.
Annual Vacation Leave
Employees in Mayotte are generally entitled to paid annual leave based on their length of service. The standard accrual rate is 2.5 working days per month of actual work with the same employer. This amounts to a minimum of 30 working days (equivalent to 5 weeks) of paid leave per year for employees who have worked a full year.
- Accrual Period: Leave is typically accrued over a reference period, often from June 1st of the previous year to May 31st of the current year.
- Entitlement Calculation: The total number of days accrued during the reference period determines the employee's entitlement for the following year.
- Taking Leave: Employees generally take their leave during a designated period, often between May 1st and October 31st, though this can vary by collective agreement or company policy.
- Seniority: Employees with longer service may be entitled to additional leave days, depending on collective agreements or company policies.
- Fractional Entitlement: If an employee has not worked a full year, their entitlement is calculated proportionally based on the number of months worked.
| Service Duration | Minimum Annual Leave Entitlement |
|---|---|
| Per month | 2.5 working days |
| Per year | 30 working days (5 weeks) |
Public Holidays
Mayotte observes a number of public holidays, largely aligning with those celebrated in mainland France, along with potential local observances. Employees are generally entitled to a day off on public holidays without a reduction in pay, provided the holiday falls on a day they would normally work. If an employee is required to work on a public holiday, specific compensation rules may apply, often involving increased pay or compensatory time off, as defined by labor law or collective agreements.
Here are the standard public holidays for 2025:
| Date | Holiday Name |
|---|---|
| January 1 | New Year's Day |
| April 21 | Easter Monday |
| May 1 | Labour Day |
| May 8 | Victory in Europe Day |
| May 29 | Ascension Day |
| June 9 | Whit Monday |
| July 14 | Bastille Day |
| August 15 | Assumption Day |
| November 1 | All Saints' Day |
| November 11 | Armistice Day |
| December 25 | Christmas Day |
Note: Specific local holidays may also be observed in Mayotte.
Sick Leave Policies and Pay
Employees in Mayotte who are unable to work due to illness or injury are entitled to sick leave. To qualify for sick pay, an employee must typically provide a medical certificate (arrêt de travail) from a doctor within a specified timeframe (usually 48 hours).
- Waiting Period: There is generally a waiting period (délai de carence) of three calendar days before social security benefits (indemnités journalières de sécurité sociale - IJSS) are paid. This waiting period may be covered by the employer or a supplementary insurance scheme depending on collective agreements or company policy.
- Social Security Benefits (IJSS): After the waiting period, social security pays a portion of the employee's salary. The amount is calculated based on the employee's average daily wage.
- Employer Complementary Pay: Under certain conditions (e.g., sufficient seniority), the employer may be required to pay a complement to the social security benefits, ensuring the employee receives a higher percentage of their normal salary for a certain period. The duration and amount of this complementary pay depend on the employee's seniority and applicable collective agreements.
- Duration: The duration for which sick pay is provided (both IJSS and employer complement) is limited and depends on the length of the illness and the employee's social security contribution history and seniority.
Parental Leave
French labor law, applicable in Mayotte, provides robust entitlements for parental leave, including maternity, paternity, and adoption leave.
- Maternity Leave (Congé Maternité):
- Duration: Typically 16 weeks for the first two children (6 weeks before the expected birth date and 10 weeks after). This duration increases for the third child onwards or in case of multiple births.
- Pay: During maternity leave, employees receive daily allowances from social security (IJSS), calculated based on their previous earnings. Employers may be required to provide complementary pay under certain conditions.
- Paternity and Welcome Child Leave (Congé de Paternité et d'Accueil de l'Enfant):
- Duration: Generally 25 calendar days for a single birth and 32 calendar days for multiple births. This leave can be taken in two parts, with a mandatory initial period of 4 days immediately following the birth (or the 3 mandatory days of birth leave).
- Pay: Employees receive daily allowances from social security (IJSS) during this leave.
- Adoption Leave (Congé d'Adoption):
- Duration: Typically 16 weeks for the first child, increasing for subsequent children or multiple adoptions.
- Pay: Similar to maternity leave, employees receive daily allowances from social security (IJSS).
Other Types of Leave
Beyond the main categories, employees in Mayotte may be entitled to other types of leave for specific personal or professional reasons:
- Bereavement Leave (Congé pour Événements Familiaux): Short periods of paid leave are granted for family events such as the death of a spouse, child, parent, or other close relatives. The duration varies depending on the family relationship.
- Marriage/Civil Partnership Leave: Employees are entitled to paid leave for their own marriage or civil partnership.
- Childcare Leave (Congé Parental d'Éducation): After maternity or paternity leave, either parent can take unpaid leave (or reduced working hours) to care for their child, typically until the child's third birthday.
- Study Leave (Congé de Formation Économique, Sociale, et Syndicale / Congé de Formation Professionnelle): Employees may be granted leave for training purposes, under specific conditions.
- Sabbatical Leave (Congé Sabbatique): Employees with sufficient seniority may be eligible for extended unpaid leave for personal projects.
- Leave for Family Support (Congé de Proche Aidant): Leave to care for a severely ill or disabled relative.
The specific conditions, duration, and potential compensation for these types of leave can vary based on labor law provisions, collective agreements, and company policies.
