The Court of Cassation ruling of 13 September, bringing French law into line with European law on the accrual of paid leave in the event of sick leave, has given rise to uncertainty and fears among employers. In a ruling published on 9 November, the Court of Justice of the European Union clarifies its case law on how employees can benefit from leave earned in such circumstances.
The Court of Justice of the European Union has clarified its case law on time off work in relation to the Working Time Directive (2003/88/EC). In this case, it ruled on the carry-over of accrued leave days, which the applicants, French employees, had been unable to take due to long-term layoffs. They therefore sought to benefit from it or to receive financial compensation. The Court says member states may set a time limit on carrying over accrued paid leave as long as it complies with the...
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Article authors
Antoine Piel
Section Head at Mind HR