Paid holidays and sick leave: required changes to french law

All employees, regardless of their employment contract, are entitled to rest days, typically 30 working days of paid leave per year, in principle. But what happens when employees are off work during these leaves? Since the Labor Code says nothing on the matter, French judges have “taken up” the issue and affirmed that employees who are prescribed a work stoppage while they are already on vacation cannot benefit from a postponement of their paid leave. They then receive, for the days of leave that coincide with their sick leave, daily allowances from Health Insurance (without additional allowances from their employer) and their paid leave allowance.

Note: If an employee is already on sick leave at the start of their vacation, the paid leave scheduled during the sick leave is postponed, and the employee receives daily allowances from Health Insurance and any additional allowances from the employer.

Conflict with European Law

This approach, based on the Court of Cassation’s interpretation, does not comply with European law (Directive 2003/88/EC), which guarantees employees’ rights to rest, health, and safety. Some French courts, such as the Versailles Court of Appeal, have recently allowed employees to carry over paid leave days that coincide with a work stoppage during their holidays.

Note: The Ministry of Labor also recommends that employers permit employees to postpone paid leave in these circumstances, aiming to minimize unnecessary litigation.

And the coup de grace has just been delivered by the European Commission! The European Commission has intensified this issue, giving France formal notice on June 18 to explain and remedy these breaches.

Precision: “If France does not provide a satisfactory response, the Commission may issue a reasoned opinion” or refer the case to the Court of Justice of the European Union.