By transposing a European directive, the Court of Cassation requires that an employee on sick leave continue to acquire paid leave during their work stoppage.
This new rule worries employers. Two months ago, the Court of Cassation ruled that any employee can obtain paid leave on sick leave, even if it is not linked to a work accident or an occupational illness. The Court was based on a European directive from 2003, but which has still not been transposed into French law.
The employers reacted immediately. Medef mentions “huge cause for concern”. The Confederation of Small and Medium Enterprises (CPME) even launched a petition against this measure. It was signed by more than 20,000 business leaders. Basically, get paid leave “without even working”It is “anything big“, protests the CPME.
“This is a shocking decision for business leaders. Many are extremely upset.”
Jean-Eudes du Mesnil, general secretary of the CPMEto AFP
The employee unions believe that it was time for France to comply even though they have been warning about this right for twenty years, which is still not included in the Labor Code. This summer, the Versailles Court of Appeal, seized by the CGT, Solidaires and Force Ouvrière, ordered the State to compensate the three unions, since French law still does not comply with this European directive. A decision therefore confirmed by the Court of Cassation a month ago.
One month of sick leave entitles you to two and a half days of leave
In theory, an employee who has been on sick leave in recent months can now convert them into paid leave. One month of sick leave entitles you to two and a half days of leave, as for one month of work. The employer still needs to be aware of this directive; today many employees have to go to the industrial tribunal to benefit from it. For the moment, the Labor Code only provides for leave acquired before being on sick leave.
Some collective agreements already allow days of rest to be accumulated during an absence, but they are rare. This is the case in metallurgy, a branch on which Sylvie Grandjean’s company depends. She gives the example of one of her employees: “He was injured just before the holidays in July and August. He returned after a four-month break. He acquired ten days of leave, plus the leave he did not take since he was off work. This inevitably has an impact since he is paid for more days not worked and that requires remodifying the organization of the service.” In the event of a one-year absence, for a long illness for example, this gives one month of paid leave.
A retroactive right
This risks causing a lot of disorder in businesses. In any case, many employers fear the worst whatever the size of their structure. One point in particular worries them: this right is retroactive. An employee who has left his company can claim this leave. This time not in the form of days off, logically, but in the form of money.
Employers and employers expect rapid clarification and, above all, safeguards, if the Labor Code is modified, so that employees cannot go back beyond 15 months, for example. The Ministry of Labor does not specify a timetable for a possible modification of the Labor Code and only explains that “state services” are currently analyzing the scope of this decision of the Court of Cassation. The Constitutional Council must also rule in one month on this question of paid leave in the event of an employee’s illness.