Cass. Soc., September 10, 2025, No. 23-22.732
Following on from the rulings of September 13, 2023, and the Law of April 22, 2024 (No. 2024-364), based on the purpose of the right to leave within the meaning of European Union law, the Court of Cassation is continuing to align itself with European law.
In the case in question, an employee had notified her employer of sick leave during periods of paid leave.
She requested the postponement of the days of paid leave coinciding with her sick leave, which her employer refused, considering that the paid leave had already been used up.
The Paris Court of Appeal ruled in favor of the employee, considering that “illness during annual leave suspends the course of the leave, so that the employee can claim the remaining leave.”
The Court of Cassation, to which the case was referred, reversed its previous ruling and upheld the position taken by the Paris Court of Appeal.
According to the social chamber, it must now be considered that an employee who is ill during their paid leave and who has notified their employer of their sick leave is entitled to carry over the days of paid leave that coincide with the period of illness.
The reasoning of the Court of Cassation is based in particular on European Directive 2003/88/EC of November 4, 2003, as interpreted by the Court of Justice of the European Union, which ruled that national provisions cannot stipulate that a worker who is unable to work during their paid annual leave is not entitled to take that annual leave at a later date coinciding with the period of sick leave (CJEU, June 21, 2012, C-78/11).
The Court also points out the difference between the purpose of paid leave—rest, relaxation, leisure—and sick leave—recovery, treatment, healing.
The Court of Cassation is therefore continuing to bring French law into line with European Union law on paid leave. It should be noted that, in a decision handed down on the same day, the social chamber ruled on the inclusion of periods of paid leave in determining the threshold for triggering overtime in the case of weekly working time calculations (No. 23-14.455).