In France, employees have the essential right to paid leave to allow them to recover their energies and meet their personal and family recreational needs. Paid leave, “CP” on pay slipsdesignate the periods of leave during which the employer pays the employee. But what is the legislation in the context of sick leave?
Reform of paid leave in the event of employee sick leave
A few months ago, the Court of Cassation handed down several judgments to align French law with European law. And, among other things, with regard to accumulation of paid leave during sick leave.
Indeed, until a few months ago, periods of sick leave only gave rise to paid leave in the event of an accident or occupational illness. Mays a new rule has changed things. And, this broadens the rights of the employees in question.
Before the law of April 22, 2024, employees on sick leave due to non-professional accidents/illnesses could not acquire paid leave. Likewise sick leave due to work accident or professional illness did not entitle employees to paid leave beyond the first year.
For periods of actual work, the employee acquires 2.5 working days of leave per month. For a full year, the duration of leave is 30 working days. (2.5 x 12 = 5 weeks of paid vacation). And, the reference period runs from June 1 to May 31 of the following year.
To read
Good news for employees: this system will change everything, those affected
Any sick leave now gives the right to paid leave
But, 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.
With regard to this law, the legal framework for paid leave and sick leave has therefore been reformed. This law generated significant changes to the acquisition of paid leave during non-professional sick leave.
From now on, any sick leave, whether due to an occupational illness or not, therefore entitles you to CP.
If it is a occupational illness, 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 one 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.
Obligation to inform the employee
Law No. 2024-364 of April 22, 2024 relating in particular to paid leave stipulates the obligation to inform employees.
Indeed, after a period of absence due to illness or accident, whatever the origin, the employer must communicate to employees their number of paid vacation days. But also the dates on which employees must take this leave.
To read
Bad news for these employees: no increase planned for these professions in 2025
This communication must take place within the month following an employee's return to work with a certain date. It must be made by letter R + AR or letter delivered by hand against signature. And this, in the period of one month following the return to work, and after each stoppage.
Does the employee not have the possibility of taking all or part of his CP during the CP taking period? In this case, he will then benefit from a deferral period acquired leave of 15 months. Beyond this period, the employee will have definitively lost his leave.
Also know that the news rules for acquiring and carrying over paid leave are retroactive. And, they apply to situations prior to the law, dating from December 1, 2009. However, this retroactivity cannot grant employees more than 24 working days of paid leave per vesting period.
