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Paid leave and sickness: New rules to apply

2024-05-15 - Paid leave and sickness

It’s official now: French legislation on paid holidays is now compliant with European law.

The main points of the reform are:

  • Changes to the rules governing the accrual of paid leave in the event of sick leave;
  • Creation of an obligation to provide information on the employee’s return;
  • Introduction of a time-limited carry-over period.

These rules are backdated to December 1st 2009, and will have an impact on your company’s management.

> Accrual of paid leave during sick leave and compensation

Employees on sick leave are entitled to paid holidays during their absence from work, regardless of its duration or whether it is work-related or not.

This entitlement is accrued as follows:

Accrual of paid leave during sick leave and compensation

> New information obligation

Within a month of the employee’s return, you must inform the employee of the number of days of paid leave available to him/her, and the deadline for taking paid leave.

> 15-month carry-over period for taking paid leave

Unless there is a collective agreement providing for a longer period, if the employee returns to work after the period for taking paid leave earned prior to and during the work stoppage has expired, the leave may be taken within a period of 15 months from the date of delivery of the above-mentioned information.

> Backdated rules to December 1st 2009

These rules are applicable from December 1st 2009, with a maximum of 24 working days’ holiday per accrual period.
Any action to obtain additional paid holidays must be brought within 2 years of the law coming into force.
Otherwise, they will be inadmissible.


Our Payroll and Employment Law experts are at your disposal for a personalized study of your case and a quotation proposal for the application of this new legislation.

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