Appeared in Le Figaro Partner: Paid leave and sickness, reversals and questions!

Cass. soc., September 13, 2023, n°22-17.340 to 22-17.342, n°22-17.638, n°22-10.529 and n°22-14.043

The French Supreme Court (Cour de cassation) has just published a series of rulings rejecting the application of French law in favor of European law on several issues relating to paid leave (CP).

For the record, French law makes the acquisition of paid leave entitlements conditional on the performance of actual work.

Under European Union law, on the other hand, the right to paid leave is linked solely to the status of worker.

Thus, according to the Court of Justice of the European Union (CJEU), an employee’s absence must have no impact on the calculation of his or her CP entitlements (Gde chbre, judgment of November 6, 2018, Bauer, C-569/16).

In rulings handed down on September 13, 2023, the French Supreme Court ruled out the application of the Labor Code, specifying in particular that employees on sick leave due to non-occupational illness are entitled to CP, but also that in the event of an AT/MP, compensation is not limited to one year, and – and this is the most serious issue for companies – the limitation period for CP compensation can only begin to run if the employer has taken the necessary measures to enable the employee to effectively exercise his right to this compensation.

However, the CJEU has just issued an opinion (November 9, 2023, C-271/22 to C-275/22) in which it leaves it up to the Member States to set a deferral period for PCs, which should have an impact on the duration of the statute of limitations. To be continued.