In a ruling handed down on September 13, 2023, the French Supreme Court (Cour de cassation) reversed its case law on paid leave to take account of European law. This ruling sets aside the application of the provisions of article L. 3141-3 of the French Labor Code, allowing an employee on sick leave to acquire paid vacation entitlements, even if the absence is not due to an accident at work or an occupational disease.
While this decision will have an impact on companies, it will be limited for companies in the sector by the provisions of article 5.5 of our collective bargaining agreement. These stipulate that employees acquire paid leave entitlements for periods of sick leave for which their employer maintains their salary, i.e. for a maximum of 3 months (90 days) over a 12-month period, provided they have at least one year’s seniority at the time of their sick leave.
Employees on sick leave with less than one year’s seniority or whose absence from work exceeds 90 days are not covered by our collective bargaining agreement.
It is therefore advisable to neutralize all periods of sick leave, so that they have no impact on the acquisition of paid leave, in order to avoid any legal recourse. You will find a full presentation of the ruling in the SOCIAL newsletter, to be published in early October.
To view the Cour de cassation ruling, click here: Cass Soc 13/09/23 22-17.340
