Paid Leave Rights in Morocco
Every employee in Morocco is entitled to annual paid leave after 6 months of continuous service with the same employer. This right is guaranteed by articles 231 to 268 of the Moroccan Labor Code.
Annual leave is a right that cannot be forfeited: the employee cannot waive it, and the employer cannot replace it with compensation (except at the end of the contract).
Conditions for Entitlement
- 6 months of continuous service minimum with the same employer
- The right is acquired even during the probationary period (days are counted)
- Absences due to illness, workplace accident or maternity are treated as actual work
Number of Leave Days Based on Seniority
The Labor Code provides for a minimum leave duration that increases with seniority:
Legal Duration of Leave
| Seniority | Working days per year | Days per month | |------------|----------------------|----------------| | Less than 5 years | 18 days (1.5 days/month) | 1.5 days | | 5 years and over | 18 + 1.5 days/5 years | progressive | | 10 years and over | 21 days | 1.75 days | | 15 years and over | 22.5 days | 1.875 days | | 20 years and over | 24 days | 2 days | | 25 years and over | 25.5 days | 2.125 days |Important clarification: the Code provides for an additional 1.5 working days for each 5-year block of continuous service, in addition to the base 18 days.
Leave for Young Employees
Employees under 18 years of age receive 2 working days per month of actual work, i.e. 24 days per year.
Calculating Leave: Practical Examples
Example 1: Employee with 3 years of seniority
- Base: 1.5 days per month of actual work
- Annual duration: 12 x 1.5 = 18 working days
- No additional leave (seniority under 5 years)
Example 2: Employee with 7 years of seniority
- Base: 18 days
- Additional leave: 1 five-year block = +1.5 days
- Total: 19.5 working days per year
Example 3: Employee with 12 years of seniority
- Base: 18 days
- Additional leave: 2 five-year blocks = +3 days
- Total: 21 working days per year
Example 4: Employee with 22 years of seniority
- Base: 18 days
- Additional leave: 4 five-year blocks = +6 days
- Total: 24 working days per year
Working Days vs Calendar Days
Leave in Morocco is counted in working days (all days except Sundays and public holidays). Be careful not to confuse:
- Working days: Monday to Saturday (6 days per week)
- Business days: days actually worked (5 days if a 5-day week)
- Calendar days: all days of the month (30 or 31)
Example: if you take 2 weeks of vacation (Monday to Friday + Monday to Friday), this represents 12 working days (counting Saturdays).
Public Holidays in Morocco
In addition to annual leave, employees are entitled to 13 paid public holidays per year:
- January 1 - New Year's Day
- January 11 - Manifesto of Independence
- May 1 - Labor Day
- July 30 - Throne Day
- August 14 - Oued Ed-Dahab Allegiance
- August 20 - Revolution of the King and the People
- August 21 - Youth Day
- November 6 - Green March
- November 18 - Independence Day
- 1st Muharram (variable) - Hijri New Year
- Eid al-Fitr (2 days, variable)
- Eid al-Adha (2 days, variable)
- Eid al-Mawlid (variable) - Birth of the Prophet
If a public holiday falls on a Sunday, it is not carried over. If it falls during annual leave, it does not extend the leave.
Special and Exceptional Leave
The Labor Code provides for paid leave for family events:
| Event | Leave duration | |-----------|----------------| | Employee's marriage | 4 days | | Marriage of a child | 2 days | | Birth | 3 days | | Death of spouse | 3 days | | Death of a child, grandchild, parent | 3 days | | Death of a brother/sister | 2 days | | Death of a father/mother-in-law | 2 days | | Circumcision | 2 days | | Surgery of spouse or child | 2 days |This leave must be taken within 15 days following the event. It is in addition to annual leave.
Paid Leave Allowance
During leave, the employee receives a leave allowance calculated on the basis of the average salary for the 52 weeks preceding the leave:
Calculating the Allowance
- The allowance cannot be less than the salary the employee would have received if he or she had worked
- It includes the base salary + usual benefits and bonuses
- Exceptional bonuses or variable performance bonuses are not included
Compensatory Allowance (End of Contract)
In the event of termination of the contract (resignation, dismissal, end of fixed-term contract), the employee is entitled to a compensatory allowance for accrued and untaken leave days. Calculation:
- Daily salary x number of untaken leave days
Organization and Planning of Leave
Who Decides the Dates?
The employer sets the leave dates after consulting the employee and the works committee. It must take into account:
- The employee's family situation (children in school)
- Seniority in the company
- The activity performed for one or more employers
Splitting
Leave may be split by agreement between the parties, provided that each portion is at least 12 consecutive working days (including 2 weekly rest days).
Carryover of Leave
Untaken leave may be carried over within a maximum period set by agreement. However, the employer cannot cancel accrued leave: the right to leave cannot be forfeited. In the event of a dispute, the employee may claim untaken leave for the last 2 years.
Prohibitions and Protections
- Prohibition on working during leave: the employee cannot perform paid work during leave (except with authorization)
- Prohibition on dismissal during leave: the employer cannot notify a dismissal while the employee is on leave
- Illness during leave: if the employee falls ill during vacation, the days of illness do not extend the leave (unless a more favorable collective agreement applies)
- Recall during leave: the employer may recall the employee in an emergency, but must reimburse the costs incurred and carry over the untaken days
Practical Tips
- Check your leave balance on your payslip each month
- Make your leave request in writing and keep a copy
- Comply with the request deadline set by your company (often 1 month in advance)
- In the event of unjustified refusal of leave, contact the labor inspectorate
- Check your collective agreement: it may provide for additional days
- When you leave, make sure the compensatory leave allowance appears in your final settlement