In France, as in many other countries, paid leave, often “CP” on pay slips, designate periods of leave during which the employer pays the employee due to a legal obligation. But what happens in the event of sick leave?
Reform of paid leave in the event of sick leave
Until a few months ago, periods of sick leave only gave rise to paid leave in the event of an accident or illness of professional origin. But a new rule has changed things. And, this broadens the rights of the employees in question.
Indeed, since the entry into force of the law of April 22, 2024 no. 2024. 364, the employee on classic work stoppagethat is to say for a non-professional cause, acquires rights to paid leave during his work stoppage.
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With regard to this law of April 22, 2024, the legal framework for paid leave and sick leave has therefore been the subject of a reform. This law brought major changes to the acquisition of paid leave during non-work sick leave.
Previously, Article L. 3141-3 of the Labor Code stipulated that employees on sick leave did not have paid leave. From now on, any sick leave, whether due to an occupational disease or not, entitles you to CP.
If it is an occupational disease, it gives the right to 2.5 working days of leave for each month of absence. And this, within the limit of 30 working days (five weeks) for a full year of shutdown. While a non-occupational illness (simple work stoppage) entitles you to 2 working days. With a maximum of 24 working days (four weeks) for an entire year.
The obligation to inform the employee in 2025
Law No. 2024-364 of April 22, 2024 relating in particular to paid leave underlines the employee's obligation to provide information. After a period of absence due to illness or accident, whatever the cause, the employer must inform the employee of their number of days of paid leave. But also the dates on which the employee must take this leave.
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This communication must take place within the month following the employee's return to work with a certain date. It must be carried out by letter R + AR or letter delivered by hand against signature. And this, within one month following the return to work, and after each stoppage.
The employee does not have the possibility of taking all or part of his CP during the CP taking period? He will then benefit a period of carryover of acquired leave of 15 months. Beyond this period, the employee will have definitively lost his leave.
Please note that the new rules for acquiring and carrying over paid leave are retro active. And, they apply to situations prior to the law, dating from December 1, 2009. However, this retroactive acquisition cannot grant employees more than 24 working days of paid leave per vesting period.
