A contract of employment for an indefinite period is presumed to be a yearly contract terminable only at the end of a complete year but this presumption can be rebutted by evidence of
 custom or of the parties' contrary intention which may be indicated by a term of the contract stipulating that a period of notice of termination may be given by either party

An employee taking paid leave remains in the service of the employer and notice of the termination of the employment may therefore run during that time