Under the French labour code, an employee on leave for sickness unrelated to work does not accrue leave entitlement. On 8 February, the French constitutional council ruled that this provision complies with the constitution. It is a decision that contradicts European law, but has limited implication.
On Thursday 8 February the Conseil Constitutionnel, the highest constitutional authority in France, ruled that an employee on sick leave for non-work-related reasons not being entitled to paid leave during this period, as per the French labour code, is not contrary to the constitution. The Cour de Cassation, France’s supreme court, referred two priority constitutionality questions to the constitutional council for a ruling on the compliance of the labour code article (L. 3141-3) that links...
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Article authors
Nathalie Tran
Editor-in-Chief Mind HR