In France, the rule is simple: every month, an employee accumulates two and a half days of paid leave for each month worked, and does not accrue leave during a simple sick leave.
This rule is now under scrutiny. In September 2023, the Court of Cassation decided to apply two European texts – regarding working time and fundamental rights – and recognized that a French employee continues to accrue paid leave even during a sick leave.
This decision could potentially cost businesses €2 billion annually if generalized.
Legislative change is announced, but questions abound: what calculation method? What about retroactivity?
Simultaneously, in a preliminary question of constitutionality, the Constitutional Council is expected to make a decision on the matter by mid-February.
