Sick leave of a public official during his leave: what are the rules?

An official or contractor who becomes ill during a period of annual leave may request the carry-over of annual leave days which coincide with sick leave.

The Court of Justice of the European Union (ECJ) considers that the purpose of paid annual leave is to enable the worker to rest and to have a period of relaxation and leisure.

The entitlement to paid annual leave differs from the entitlement to sick leave.

The purpose of sick leave is to enable the worker to recover from an illness resulting in incapacity for work.

Accordingly, the ECJ considers that a worker who is on sick leave during a period of annual leave has the right to request to take his annual leave at a period other than that coinciding with sick leave.

However, this position is not confirmed by the French judge.

If the administration does not grant a deferral to a staff member who has become ill while on leave, the staff member may to bring proceedings before the administrative court to request this deferral.