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Human Resources
The sick employee during his holidays can postpone these days
Publié le 16 septembre 2025 - Directorate of Legal and Administrative Information (Prime Minister)
The Court of Cassation has just confirmed in a judgment that the sick employee during his paid leave has the right to postpone it.
In its judgment of 10 September 2025, the Cour de cassation confirmed that in the event of a work stoppage that occurred during his holidays, the employee is entitled to ‘to benefit subsequently from days of paid leave coinciding with the period of sick leave’.
French case law is in line with that of the Court of Justice of the European Union (CJEU), which gives employees who fall ill during their paid leave the right to take it at a later period.
The Court relies on the objective of paid leave, which is to enable him ‘to rest and to have a period of relaxation and leisure, [and] differs from that of the right to sick leave, which is granted to the worker so that he may recover from an illness’.
Lastly, it states that the postponement of paid leave is subject to the obligation for the employee to notify his employer of his sick leave within 48 hours.