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By three decisions rendered on 13 September 2023, the French Supreme Court aligned French law with European law.
It was decided that:
(i) employees whose employment agreement is suspended due to sick leave for non-work related or work-related reasons accrue rights to paid vacation days during the entire sick leave period.
Before these decisions, except otherwise provided by a collective bargaining agreement for instance, (1) employees on non-work related sick leave were not entitled to accrue paid vacation days during the sick leave, and (2) employees on work-related sick leave were entitled to accrue paid vacation days for an uninterrupted twelve-month period only;
and
(ii) the statute of limitations (three years) for any back payment claim related to paid vacation days can only start running on the condition that the employer already took the necessary measures to inform the employees of such right to paid vacation days.
Before this decision, the statute of limitations started to run automatically as from the expiration of the statutory period during which the paid vacation days could have been taken.
There is therefore now a risk of claims from employees regarding the past period where the employer has not informed employees of this right.
https://www.courdecassation.fr/decision/65015d5fee1a2205e6581656 https://www.courdecassation.fr/decision/65015d62ee1a2205e6581658 https://www.courdecassation.fr/decision/65015d56ee1a2205e6581652
French version
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