A recent ruling by the Court of Cassation allows employees on sick leave to accrue paid leave, regardless of the illness’s relation to work. Employees can accumulate 2 working days monthly during non-work-related absences, and 2.5 days for work-related cases, with a cap of 24 and 30 days annually, respectively. This right is retroactive to December 1, 2009, and employees have until April 23, 2026, to claim their accrued leave. Legal actions can be pursued if employers refuse payments.
Important Update for Employees on Sick Leave
Great news for those who find themselves on sick leave! As of April 24, 2024, a landmark decision by the Court of Cassation has aligned the Labor Code with European Union regulations, enabling employees to continue accruing paid leave during their time off, regardless of whether their absences are work-related. Previously, only those who experienced a workplace accident or an occupational illness were entitled to accumulate paid leave. In contrast, absences due to non-professional illnesses did not grant any entitlement to paid leave unless specified otherwise in a collective agreement.
New Rights for Accumulating Paid Leave
With the new regulations in place, employees now enjoy enhanced rights when it comes to accruing paid leave during sick leave. If your absence is not related to your job, you will accumulate 2 working days of paid leave for each month of leave, capped at a maximum of 24 working days (or 4 weeks) over a full year. For those on leave due to a work-related accident or illness, the accrual increases to 2.5 working days per month of absence, allowing for up to 30 working days (or 5 weeks) in one year.
Additionally, this right is retroactive, allowing you to claim leave accrued from December 1, 2009, onwards. However, it’s crucial to act within the specified time frame. Employees who were active when the law took effect have until April 23, 2026, to request their accrued leave for sick days and may need to escalate the issue to the labor court if disputes arise.
It’s important to note that, as explained by Fabien Duffit-Dalloz, a lawyer specializing in social security law, your employer cannot buy back the paid leave accumulated during your previous sick leaves. This means they are required to grant you these additional days off, even if you have accrued several weeks of paid leave, as long as you remain within the stipulated limits. Be mindful that any accrued days will be forfeited after the two-year period.
If you have changed employers, you have a three-year window to claim your compensatory allowance for paid leave accumulated during non-professional sick leaves since December 1, 2009. This three-year period starts once your employment contract concludes. You also have this timeframe to pursue legal action if your former employer refuses to pay the owed allowances.
Finally, for those who left their job more than three years ago, there is still hope. A ruling on September 13, 2023, by the Court of Cassation established that the claim period only starts when your employer informs you of the accrued paid leave days from your previous sick leaves. “If you haven’t received clear communication regarding your accrued days, in theory, the claim period may never initiate,” notes Louise Peugny, a partner at Voltaire lawyers. This means you can still seek payment for this leave from your former employer and take legal action if necessary, at any time.