Can an employee postpone days of paid sick leave?

Verified 20 October 2023 - Legal and Administrative Information Directorate (Prime Minister)

It depends on whether you get sick before you go on leave or during your paid leave. The consequences for deferring your paid leave then vary. We present you with the information you need to know.

Before the leave of absence

If you are ill (non-occupational disease, occupational disease or accident at work) before you leave scheduled for leave, you right to carry over leave with pay after the date of return to work following your illness.

Paid leave earned but not taken is therefore not lost.

Your employer must grant you a new period of leave, either during the current leave period in the company or beyond.

Please note

If your employer refuses to defer paid leave that you have earned but not taken because of a work stoppage, he will have to pay you damages to compensate for the damage suffered.

In case of breach of your employment contract, you are entitled to a compensatory allowance for paid leave acquired not taken.

During paid holidays

If you are sick (non-occupational disease, occupational disease or accident at work) during your paid leave, you can't benefit postponement or extension of your vacation.

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Your sick leave ends before your paid leave ends

You will resume your work on the date of end of your paid leave.

Your leave shall not be extended the duration of your illness.

Your sick leave ends after your paid leave ends

You're back to work at the end of your sick leave.

Your leave shall not be extended the duration of your illness.

Of treaty provisions or the collective agreement applicable in the company may provide for the postponement of the employee's days of leave or the payment of a compensatory allowance.

Please note

The European Court considers that the employer is required to carry over the sick employee’s leave during his paid leave. This position has not been confirmed by the French court.

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