France’s Court of Cassation today ruled that employees who fall ill while taking holiday may request to defer that leave. The ruling overturns previous case law and brings French practice into line with European law.
On 10 September, the Court of Cassation, the country’s highest court, handed down a long-awaited ruling on the right to defer paid leave in the event of falling sick during that leave period. In this case, an employer obtained restitution of excess holiday pay from one of its employees. However, in calculating the amount to be reimbursed, the appeals court did not take into account the days during which she was sick. This decision was upheld by the Court of Cassation, which held that the “purpo
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Article authors
Nathalie Tran
Editor-in-Chief Mind HR