In New Caledonia, the Labor Code of New Caledonia (Code du travail de Nouvelle-Calédonie) provides the legal framework for vacation leave, also known as congés annuels.

Entitlement

Every month, employees accumulate 2.5 working days of paid vacation leave. This amounts to a minimum of 30 working days, or approximately six weeks, of leave per year for full-time employees. Employees who are under 18 years old are entitled to 30 calendar days of paid vacation each year. Some sectors or companies may offer more generous vacation allowances in their collective agreements.

Important Considerations

To be eligible for the full vacation entitlement, the employee typically must have completed a certain period of continuous service with the employer. Employers generally determine vacation periods but must consider the employee's preferences where possible. The annual vacation must include at least 12 consecutive working days of leave.

The vacation pay must be equivalent to the employee's regular salary, including any standard allowances. In principle, annual leave must be taken within the year it is accrued. However, under certain circumstances, it may be carried over or compensated if unused.

Additional Notes

For periods of work less than a full month, leave accrues on a pro-rata basis.

New Caledonia, a French territory, observes a blend of French national holidays and local commemorative days. The official public holidays include:

• New Year's Day (Jour de l'an): Celebrated on January 1st, it marks the beginning of the New Year.
• Easter Monday (Lundi de Pâques): The date varies as it is the day after Easter Sunday.
• Labor Day (Fête du Travail): This is observed on May 1st.
• Victory in Europe Day (Fête de la Victoire): Celebrated on May 8th, it marks the end of World War II in Europe.
• Ascension Day (Ascension): The date varies, it is 39 days after Easter Sunday.
• Whit Monday (Lundi de Pentecôte): The date varies, it is 50 days after Easter Sunday.
• Abolition of Slavery Day (Abolition de l'esclavage): The date varies regionally (usually May 27th or 10th), it commemorates the abolition of slavery.
• National Day (Fête Nationale): Celebrated on July 14th, it is also known as Bastille Day.
• Assumption of Mary (Assomption): This is observed on August 15th.
• New Caledonia Citizenship Day (Fête de la Citoyenneté): Celebrated on September 24th, it marks the day when New Caledonia became a French territory.
• All Saints' Day (Toussaint): This is observed on November 1st.
• Armistice Day (Armistice 1918): Celebrated on November 11th, it marks the end of World War I.
• Christmas Day (Noël): This is observed on December 25th.

Additional Information

When a public holiday falls on a weekend, the following workday is usually not considered a holiday. New Caledonia also recognizes certain regional holidays specific to provinces.

In New Caledonia, there are several types of leave available to employees. These include annual leave, maternity leave, paternity leave, adoption leave, parental leave, sick leave, and leave for family events.

Annual Leave

Employees are entitled to 2.5 working days of paid leave per month of work, resulting in a minimum of 30 working days per year for full-time employees. For employees under 18 years of age, they are entitled to 30 calendar days of paid vacation per year.

Maternity Leave

Maternity leave is 16 weeks total, usually 6 weeks before the due date and 10 weeks after. The compensation is paid by social security, generally at a percentage of the employee's salary depending on the length of service.

Paternity Leave

Paternity leave is 11 consecutive calendar days (18 days for multiple births) within 4 months of a child's birth. The compensation is paid by social security, generally at a percentage of the employee's salary depending on the length of service.

Adoption Leave

Adoption leave has similar provisions to maternity/paternity leave.

Parental Leave

Parental leave is an unpaid leave available to parents of children under the age of three to reduce working hours or take a full leave of absence. The duration can be up to one year, and in some cases, it can be renewable.

Sick Leave

The duration and pay for sick leave depend on the length of service and the nature of the illness. Social security generally covers a portion of the salary.

Leave for Family Events

Short paid leave is available for events like marriage, serious illness of a family member, the birth of a child, etc. Specific entitlements vary depending on the event.

It's important to note that collective agreements or company policies may provide additional leave benefits beyond those mandated by law. Also, accrual periods, notice requirements, and specific regulations might differ based on the type of leave.