This decision is retroactive on the sums due during the last three years when the employee was under contract. From now on, employees have 15 months to take leave acquired during sick leave.
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Employees on leave for non-professional illness will now acquire paid leave, which will be limited to four weeks over a year, ruled the Council of State on Thursday March 14, questioned by the government on the transposition of a European directive. Absences due to illness of non-occupational origin did not until now give rise to the acquisition of paid leave in France.
“The legislator is not required, to ensure the conformity of French law with the Constitution and the law of the European Union, to confer on periods of absence due to illness the same effect of acquisition of leave rights as periods of actual work”however, believes the Council of State, in an opinion consulted Thursday by AFP.
Alignment with European law
The minimum duration of paid leave being four weeks per year in Europe compared to five weeks in France, the Council of State has chosen to decide for four weeks of paid leave acquired on sick leave. The highest administrative court has also limited to three years the retroactivity of compensation due to employees who were sick and lost leave as a result.
Concerning the possibility of deferring leave acquired during sick leave, the Council of State decided that it must be for at least 15 months. The Court of Justice of the European Union requires that this duration be “substantially” greater than the reference period for acquiring the right to annual leave, which is one year.
