2023-09-13 19:23:29
Employees suffering from illness or victims of an accident, of any nature whatsoever (professional or non-professional), now have the right to claim paid leave rights by including in their calculation the period during which they were unable to work.
This is what the Court of Cassation decided on Wednesday September 13, under the Charter of Fundamental Rights of the European Union on the right to rest. The courtyard « now guarantees better effectiveness of employees’ rights to their paid leave, by bringing French law into compliance with European law.she emphasizes in a press release.
A complete turnaround
“This is a complete turnaround. The Labor Code says the opposite and we did not expect that it would be the Court of Cassation which would make things happen. We were rather expecting an evolution of the Code”analyzes Anne-Lise Castell, legal editor in social law at Editions Tissot.
On July 18, the State was condemned by the Administrative Court of Appeal of Versailles for poor transposition of the working time directive published in 2003. “This directive, interpreted by the Court of Justice of the European Union (CJEU), prohibits equating sick leave of non-professional origin with rest time, then analyzed the CGT, which emphasized that “on this basis, the CJEU was able to specify that periods of sick leave must give rise to the right to paid leave.”
Bring French law into line with European law
In his eyes, the State should “draw all the consequences”in “bringing French law into line with European Union law, as the Court of Cassation had already suggested in its 2013 report by advising a legislative modification of the labor code on this subject “in order to avoid (…) liability actions against the State.”
Last March, Parliament passed a law containing various provisions for adapting European Union law (DDADUE), particularly in social matters. But the question of the right to paid leave in the event of illness had not been addressed.
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