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Human Resources
Long-term sick leave: the employee can retroactively obtain paid leave allowance covering the whole of his or her stay
Publié le 06 novembre 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Accident at work In the event of suspension of a contract for an occupational disease or illness (AT/MP), the employee may retroactively obtain payment of an allowance for paid leave acquired during his entire work stoppage. This is what the Court of Cassation states in a ruling issued on October 2, 2024, published in the bulletin.
Reminder
In his case-law of 13 september 2023accident at work , the Court of Cassation recognized the employee’s right to obtain paid days off during his entire work stoppage in the event of an occupational disease or illness. Previously, the calculation of the employee's rights was limited to the first year of the work stoppage, which was contrary to European Union (EU) law.
The Law of 22 April 2024 introduces this change into the Labor Code but does not give it retroactive effect.
An employee who had suffered several work stoppages was dismissed for physical incapacity and inability to retrain. The employee applies to the court for payment of an allowance for paid leave during the period of suspension of her employment contract.
The court of appeal in a 2022 decision, therefore prior to the entry into force of the new law, applies the law that was in force at that time to reject the employee’s application. She's filing a cassation appeal.
The Court of Cassation quashes and quashes the appeal decision. Recalling that the new law does not have retroactive effect on this point, the Court applies its case law of 13 September 2023 and rejects the previous law. Thus, the employee is entitled to an allowance for paid leave in respect of the period during which her contract was suspended.
Thus, despite the non-retroactivity of the law of 22 April 2024 on the granting of paid leave during a work stoppage for AT/MP, the employee can rely on the case law of the Court of Cassation and EU law to retroactively obtain regularization of his situation.