This new right could benefit many French people.
It is a revolution in the world of work, a major change from which many employees in France will benefit. For several years, the number of sick leave has continued to increase. According to the latest known figures, more than one in three workers (35%) have declared at least one sick leave during the year 2022! A proportion constantly increasing – and drastically – since it was “only” 28%.
Although the reasons for these work stoppages can be diverse, they had, until recently, a direct impact on employees: when they were on leave, workers could not accumulate paid leave at the same time. French law did not allow it. However, the European Union has just gone through this and the body has required France to apply new, much more favorable rules.
From now on, whether working or on sick leave, any worker, even temporary, permanently acquires paid leave, whatever the reason for the stoppage. If it is an illness or a professional accident, 2.5 days are accumulated per month of absence; if it is an illness or a non-professional accident, 2 days are accumulated per month of absence.
Above all, this new rule provides for… a catch-up over 15 years! Thus, people who were on sick leave between 1er December 2009 and April 23, 2024 can legally go to their employer or ex-employer and request paid vacation days. Depending on the situation, this will involve recovering days or money, equivalent to the amount of paid leave due.
Be careful, however: not everyone who has been on sick leave will be able to receive an amount. One rule must be respected: if, in the year of your sick leave(s), you have nevertheless accumulated more than 24 paid holidays, you will obtain nothing.
To find out if you are affected, it’s very simple. Do you remember the year of your sick leave? You must then take your pay slip for the month of May following the end of your sick leave (it is in fact at the end of May that leave ends being accumulated).
At the very bottom of the page, a box lists all the leave acquired during the year. If on the “Acquired” line and the “CP” column, your total is greater than 24, then you cannot ask your (ex-)employer to make up for the missing paid vacation days. On the other hand, if the total is less than 24, you are entitled to claim your due. The law is with you.
For people who have not changed companies since December 1, 2009 and who can claim paid leave from their employer, the latter will not pay money but will credit the paid leave due, which can thus be taken. Employees have until April 23, 2026 to file a claim, or almost two years. After, it will be too late.
For people who have changed companies, the period is calculated differently: three years since the end of the employment contract. You can therefore only claim a debt from the company (or companies) that you left between the end of May 2021 and April 23, 2024, the date of entry into force of the new regulations on paid leave during sick leave.
Please note, it is not planned for companies to solicit the (former) employees concerned. It is therefore up to you to take the necessary steps by directly contacting the company’s human resources department.