Understanding employee leave entitlements in Saint Martin (French Part) is a fundamental aspect of compliant employment practices. The regulations governing vacation, sick leave, public holidays, and various types of personal leave are primarily based on the French Labour Code, adapted to the specific context of the overseas collectivity. Employers operating in Saint Martin must adhere to these statutory requirements to ensure fair treatment of their workforce and maintain legal compliance.
Navigating the nuances of leave policies, including accrual rates, eligibility criteria, duration, and compensation, is essential for effective workforce management. This guide provides an overview of the key leave types and their associated regulations applicable in Saint Martin for the year 2025, helping employers fulfill their obligations.
Annual Vacation Leave
Employees in Saint Martin are 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 accrual period typically runs from June 1st of the previous year to May 31st of the current year.
The minimum statutory entitlement for a full year of work is 30 working days, which equates to five weeks of vacation. Employees generally become eligible to take accrued leave after one month of service. The timing of leave is often determined by collective agreements or company policy, though employees are typically required to take their main annual leave period (at least 12 working days) between May 1st and October 31st.
Leave must be taken in agreement with the employer, who has the final say on scheduling, taking into account the employee's requests and the needs of the business. Leave cannot generally be replaced by financial compensation, except in cases of contract termination where accrued but untaken leave is paid out.
Public Holidays
Saint Martin observes a number of public holidays, primarily based on the metropolitan French calendar. Employees are generally entitled to a day off on these public holidays without loss of pay, provided the day is normally a working day for them. If a public holiday falls on a Sunday or a day that is not typically worked, there is generally no requirement for a compensatory day off, unless specified by a collective agreement.
Here are the standard public holidays observed in Saint Martin for 2025:
| Date | Holiday |
|---|---|
| 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 that local observances may also exist, but these are the primary statutory public holidays. Work performed on a public holiday may be subject to increased pay rates, as defined by law or collective agreements.
Sick Leave Policies and Pay
When an employee is unable to work due to illness or injury, they are entitled to sick leave. To qualify for statutory sick pay benefits, the employee must inform their employer promptly and provide a medical certificate (arrêt de travail) from a doctor within 48 hours of stopping work.
Social security (Caisse Générale de Sécurité Sociale - CGSS) provides daily allowances (Indemnités Journalières - IJ) to compensate for lost wages during sick leave. There is typically a waiting period of three calendar days before social security benefits begin, meaning the employee is not compensated by social security for the first three days of absence, unless the absence is due to a work-related accident or occupational illness.
The amount of the daily allowance paid by social security is generally 50% of the employee's average daily wage, calculated over the three months prior to the work stoppage, up to a certain ceiling. Many collective agreements or employer policies require the employer to top up the social security benefits, often ensuring the employee receives close to their full net salary for a certain period, provided they have sufficient seniority. The duration for which social security and employer top-ups are paid depends on the employee's length of service and the specific terms of collective agreements.
Parental Leave
Employees in Saint Martin are entitled to various types of leave related to childbirth and adoption, designed to support new parents.
Maternity Leave
Pregnant employees are entitled to maternity leave. For the first two children, the standard duration is 16 weeks: 6 weeks before the expected date of birth and 10 weeks after. This duration is extended for subsequent children or in the case of multiple births. Maternity leave is compensated by social security through daily allowances, provided the employee meets eligibility criteria (e.g., minimum hours worked).
Paternity and Childcare Leave
Fathers (or the spouse/partner of the mother) are entitled to paternity and childcare leave following the birth of a child. The current duration is 25 calendar days for a single birth and 32 calendar days for multiple births. This leave includes a mandatory period of 4 consecutive days immediately following the birth, which must be taken. The remaining days (21 or 28) can be taken in two separate periods, which must each be at least 5 days long. The entire leave must be taken within 4 months of the child's birth. Like maternity leave, paternity and childcare leave is compensated by social security.
Adoption Leave
Employees adopting a child are also entitled to adoption leave. The duration is typically 16 weeks for a single adoption (extended for multiple adoptions or if the family already has children). This leave can be shared between both parents. Adoption leave is also compensated by social security.
Parental Education Leave (Congé Parental d'Éducation)
Following maternity, paternity, or adoption leave, either parent may be entitled to parental education leave to care for their child. This leave allows the employee to suspend their employment contract or reduce their working hours. It is generally unpaid by the employer and social security, although parents may be eligible for a benefit from the Caisse d'Allocations Familiales (CAF) under certain conditions. This leave can last until the child's third birthday.
Other Types of Leave
Beyond the main categories, employees in Saint Martin may be entitled to other types of short-term leave for specific personal or family events, often referred to as "leave for family events" (congés pour événements familiaux). The duration of these leaves is typically set by the Labour Code or applicable collective agreements.
Common examples include:
- Marriage or PACS (Civil Solidarity Pact): Typically 4 days.
- Birth or Adoption of a Child: Typically 3 days (separate from paternity/adoption leave).
- Death of a Spouse or Partner (PACS): Typically 3 days.
- Death of a Child: Typically 5 days (more if the child is under 25, or if the child was dependent, or in case of parental death).
- Death of a Parent: Typically 3 days.
- Death of a Sibling or Grandparent: Duration may vary, often 1 day.
- Moving House: Duration may vary, often 1 day.
Specific collective agreements may provide for longer durations or additional types of leave.
Other potential leaves, such as study leave (Congé Individuel de Formation - CIF, now replaced by the CPF de Transition Professionnelle) or sabbatical leave (Congé Sabbatique), exist under French law but are subject to specific eligibility conditions, seniority requirements, and often require employer agreement or are managed through specific training funds. These are less common statutory entitlements for short-term events and are typically for longer periods and specific purposes.
