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Human Resources
Calculation of weekly overtime: should paid leave be taken into account?
Publié le 19 septembre 2025 - Directorate of Legal and Administrative Information (Prime Minister)
The Court of Cassation affirms that the employee subject to a weekly count of his working time can now obtain the payment of overtime on the week during which he has put one or more days of paid leave.

In line with its jurisprudence on the possibility to postpone paid leave in case of illness, the Court of Cassation strengthens the rights of employees whose working time is counted by the week in a judgment of 10 September 2025.
The case concerned employees claiming the payment of overtime worked during weeks during which they had taken a paid day off. Their employer had deducted from the statement the overtime worked during those weeks on the ground that the 35 hours of “actual” work had not been performed.
The Court agrees with the employees. For her, exclude periods of paid leave from the weekly overtime base may deter the employee from exercising his right to take days off with pay. Employees can therefore collect overtime surcharges that they would have received if they had completed their 35 hours of “actual” work.
The judge here protects the objective of paid leave, which is to guarantee the employee “the benefit of an effective rest” according to the case-law of the Court of Justice of the European Union.