In a consultative opinion issued on 13 March with a view to a government amendment, the Conseil d'État, France's highest administrative court, ruled that employees can benefit retroactively from French law being brought into line with European law on paid leave. However, it considers that the legislator can limit paid leave to four weeks a year when it is the result of non-occupational illnesses.
Rulings on 13 September 2023 by the Cour de Cassation, France’s supreme court for civil and criminal cases, created a great deal of uncertainty for players in the business world. In cases where employees claimed the right to paid leave during periods when they were off sick due to non-occupational illnesses or accidents at work, the court ruled that French law did not comply with European law. Since then, the government has indicated that it is studying the regulatory response to this issue, in
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Article authors
Antoine Piel
Section Head at Mind HR