The new regulation of paid leave during sick leave improves the protection of workers’ rights in France.
Since April 24, 2024, an employee on sick leave due to illness or a non-work accident accumulates two working days (i.e. every day of the week except Sundays and public holidays). usually not worked in the company) of leave per month of absence, with a maximum of 24 working days per acquisition reference period, or four weeks of paid leave per year (article L. 3141-5-1 of the Code of work). “On the other hand, an employee absent due to illness or accident of professional origin continues to acquire paid leave at the rate of 2.5 working days per month, or 30 working days per acquisition reference period”explains Corinne Servain, law trainer at ICEP CFA in Caen. For example :
► Marie is on sick leave for a non-occupational illness from May 1 to July 31, 2024, i.e. three months. “During this period, she accrues two working days of leave per month of absence. So, for these three months, she acquires a total of 6 working days of leave (2 days x 3 months).”
► Jeanne is on sick leave for a work-related accident from June 1 to August 31, 2024, i.e. three months. “During this period, she continues to acquire paid leave at the rate of 2.5 working days per month. Therefore, for these three months, she acquires a total of 7.5 working days of leave (2.5 days x 3 month).”
After stopping work due to illness or accident, the employer must inform the employee, within the month following their return, of the number of days of leave remaining and the deadline for taking them. This information must be communicated clearly, for example on the pay slip. “From this notification, the employee has a period of time to postpone his leave not taken due to his absence, underlines the trainer. Indeed, if an employee cannot take leave due to illness or accident, he or she has 15 months to use it after the normal period (Article L. 3141-19-1 of the Labor Code). After this period, leave will be lost.” An agreement may provide for a longer period.
For example, Sarah was on sick leave from January 1 to March 31, 2024. She returns to work on April 1, 2024. According to the new rules, her employer must communicate to her, before May 1, 2024, the number of days leave remaining and the deadline for taking it. “Let’s say Sarah has 10 days of leave remaining and she needs to take them before December 31, 2024. This information is noted on her April payslip.” From this notification, Sarah knows that she has until the end of the year to use her remaining leave. “If, for any reason, she cannot take them before this date, she can request a postponement of her leave.” These new rules apply retroactively from December 1, 2009 to April 24, 2024, unless more favorable court decisions or agreements exist.
The deadline for asserting your rights depends on the employee’s presence in the company on April 24, 2024:
► “If the employee is still in the company on April 24, 2024, he or she has until April 24, 2026 to claim days of leave for sick leave since December 1, 2009.” Example: Sophie has worked in a company since 2008. She has been on sick leave several times since December 1, 2009. On April 24, 2024, she is still employed in this company. Sophie has until April 24, 2026 to claim days of leave for her sick leave since December 1, 2009.
► “If the employee left the company before April 24, 2024, he or she has three years from the date of departure to act.” Example: Lucien left his company on January 1, 2023. He was on sick leave in 2015 and 2018. Lucien has three years from the date of his departure, i.e. until January 1, 2026, to claim leave days for his sick leave.
“If in doubt, you should contact the labor inspectorate or consult a lawyer specializing in labor law. It is possible to consult a lawyer free of charge at a justice point”concludes Corinne Servain.