Paid leave and sickness

Briefing

Prior to the publication of the present law, it was provided that an employee on sick leave:

For non-occupational illness, does not acquire any days of paid vacation during the period of sick leave

For occupational illness, up to a maximum of one year's interrupted sick leave, acquires days of paid vacation.

These legal provisions have been called into question by several decisions of the Court of Justice of the European Union and by recent decisions of the French Supreme Court (Cour de Cassation) dated 13 September 2023.

In this respect, the legislator has decided to amend the legislation as follows:

Rules governing the acquisition of paid vacation in case of sick leave
Sick leave concerned	Occupational (for any length of time) and non-occupational illness.
Number of days of paid vacation acquired in case of occupational illness	2.5 working days per month (30 working days per year, 5 weeks per year).
Number of days of paid vacation acquired in case of non-occupational illness	2 working days per month (24 working days per year, 4 weeks per year).

Rules for information employees of their rights to paid vacation in case of sick leave
Sick leave concerned	Occupational and non-occupational illness (for any length of time).
Types of information	Information on: the number of days of paid vacation acquired by the employee the date up to which these days of paid vacation may be taken.
Form of information	This information may be provided by any means that confers a certain date of receipt, notably with payslips.
Date of information	Within 1 month after the return to work of the employee.

Rules for deferring paid leave in the event of illness

Days of paid vacation concerned

Days of paid vacation acquired before and during sick leave (occupational and non-occupational illness).

Period during the leave is carried over

15 months. A company or establishment agreement or a branch agreement may set a longer carry-over period.

At the end of this 15-month period, any days of paid vacation not taken will be lost.

Starting point of the 15-month period

From the date of notification by the employer within 1 month after the return to work of the employee.

Or

From the end of the reference period for acquiring paid vacation if the employee has been on sick leave for at least 1 year at that date.

Application of the new rules for sick leave since 1 December 2009
Sick leave concerned	Only in the event of non-occupational illness.
Number of days paid holiday	Maximum 24 working days of paid vacation per reference year since 2009.
Statute of limitation for employees whose contract is still in force	2 years from the date of entry into force of the new Law.
Statute of limitation for employees whose employment contract has already been terminated on the date of entry into force of the new Law	Application of the current legal provisions regarding the statute of limitation (ie 3 years for payment of wages).