On long-term sick leave, yes you can benefit from paid leave

© Dragana Gordic/Adobe Stock

– The Court of Cassation has established new case law for work stoppages.

A recent decision by the Court of Cassation, rendered on October 2, 2024, allows employees on long-term sick leave due to work accidents or occupational illnesses to retroactively receive paid vacation compensation. As the Department of Legal and Administrative Information indicates on its website, this decision is based on previous case law, dating from 2023, based on European law, which goes beyond the provisions of current French law.

The Court of Cassation thus recognizes employees on sick leave due to work accidents or occupational illnesses the right to accumulate days of paid leave over the entire duration of their stoppage. The law of April 22, 2024 formalized this progress in the Labor Code but without retroactive effect. Thus, judgments prior to this date remained excluded. However, the Court overturned a decision of the Court of Appeal having refused vacation pay to an employee on long-term leave. For the high court, the protection of European law must take precedenceallowing this employee to claim her compensation.

Impacts for employers and employees

For companies, this decision implies reviewing practices regarding the calculation of paid leave in the context of long-term shutdowns, especially if the shutdown period dates back before April 2024. Employees, for their part, can claim retroactive compensation. for periods of contract suspension linked to an illness or professional accident, even if they precede the law of 2024. This represents a new right for those who, previously, saw themselves limited in their paid leave rights to only the first years of work stoppage.

This decision also illustrates how European Union law impacts worker protections in France. By gradually integrating these protections into the Labor Code, national law tends to harmonize European standards, thus guaranteeing employees increased security in the event of contract suspension for medical reasons.