The European Commission has summoned France to respect European law, which allows employees to make up for their days of leave later, if they are ever on sick leave during their holidays.
You were looking forward to this vacation … finally time to travel, to do activities that you like, to take time for you. Except that it is right at that time that you fall ill.
Note that in your bad luck, European legislation offers you at least a consolation: it provides that employees on sick leave during their holidays can catch up their days off later.
The Court of Justice of the European Union (CJEU) considers that the paid annual leave aims to allow the worker to rest and have a period of relaxation and leisure. So if you are sick, you cannot take advantage of it. Theoretically, it is therefore up to you to make up for these days of leave later.
France ordered to respect European law
Except that France does not comply with this European regulation. Consequently, the European Commission decided, on June 18, to put it in notice and gives it two months to comply.
“It seems essential that the French position evolves,” said labor lawyer Ibrahim Cheikh Hussein.
Indeed, French law authorizes employees to make up for their holidays if they fall sick before their vacation, but not during.
“The Court of Cassation has long considered that an employee who falls ill during his leave can neither request their postponement or extension, nor claim compensatory indemnity in this respect (Cass. Soc., 4 Dec. 1996, n ° 93-44.907)”, explains Maître Ibrahim Cheikh Hussein to BFM Business.
Except that for the Court of Justice of the European Union, “the employee has the right to take his annual leave paid coinciding with a period of illness in a later time, independently of the moment at which this incapacity for work has occurred,” he concludes. So in France to modify its legislation.
