This is a major change for employees on sick leave. From now on, they acquire rights to paid leave during their absence, without limitation of duration, and whatever the reason for the illness.
New case law for employees on sick leave. They acquire paid leave rights during their absence.
franceinfo: On this question of leave rights during sick leave, does new case law put an end to an old dispute between companies and employees?
Sarah Lemoine: We owe this turnaround to the social chamber of the Court of Cassation. Last week, it put an end to an old dispute around leave rights during sick leave. The highest court of the French judiciary rules that the provisions of the Labor Code on the subject are illegal. She says that European law now takes precedence, and that companies must comply with it.
What does this change concretely?
First, all employees acquire paid leave days during their work stoppage, regardless of the reason for the illness. This is no small thing, because in the Labor Code, this right is reserved only for employees who are victims of a work accident or occupational illness. Then, the acquisition of paid leave is not limited in time. Example, if an employee is arrested for two years, he is entitled to 10 weeks of vacation upon his return.
Finally, the decision of the Court of Cassation is retroactive, according to lawyer Audrey Tomaszewski, of the Eversheds law firm. It applies to current and past sick leave. An employee who has lost paid vacation days can claim them from the employer, even if he or she has left the company.
But will bosses respect this new case law as long as the Labor Code is not rewritten?
The financial consequences are significant for companies, especially those with many employees on sick leave. But those who drag their feet take a significant risk, underlines lawyer Bruno Malvaud of the Capestan law firm. That of being condemned by an industrial tribunal or a court of appeal, in the event of a dispute with the employee.
The big question is therefore when the Labor Code will be modified?
Yes, because to rewrite the incriminated article, this requires a bill. And for the moment, the government has not formally committed to this. The Ministry of Labor has just taken note of the decision of the Court of Cassation, and says it is considering several options.