Employees falling ill during paid leave are entitled to carry it over.
In a ruling dated 10 September 2025, the French Court of Cassation confirmed that when an employee falls ill during their vacation, they are entitled to “subsequently take the paid leave days that coincide with the sick leave period.”
French case law is thus aligned with the jurisprudence of the Court of Justice of the European Union (CJEU), which grants employees who fall ill during their annual leave the right to reschedule it for a later period.
The Court emphasized that the purpose of paid leave — allowing the worker “to rest and enjoy a period of relaxation and leisure” — differs from that of sick leave, which is intended to enable recovery from illness.
