On September 10, 2025, the French Court of Cassation issued a landmark ruling that alters the framework for paid leave in France. For nearly 30 years, French case law had established that when an employee became ill during their holiday, the absence was treated as ordinary sick leave — but the holiday itself was considered taken and could not be postponed. That long-standing position has changed and now, sick leave extends holiday.
Alignment with European Union Law
This reversal did not come as a surprise. Since 2012, the Court of Justice of the European Union (CJEU) has upheld the principle that when illness prevents an employee from actually benefiting from their paid leave, they must have the right to reschedule it. The French position, rooted in national jurisprudence since 1996, had stood in contrast to this European interpretation.
In fact, on June 18, 2025, the European Commission formally called on France to comply with EU rules. Anticipating the shift, the French Ministry of Labour had already advised employers — on its official website — to apply the European approach directly “to avoid unnecessary litigation.”
What the Court of Cassation Decided
The Court of Cassation has now brought French law into line with European requirements. The new principle is clear:
- If an employee becomes ill during their holiday and is unable to benefit from their rest, the holiday must be postponed.
- To access this right, the employee must notify the employer of the sick leave in accordance with standard procedures. This notification is a mandatory condition for postponement.
Immediate Implications for Employers
This ruling has direct and practical consequences for HR and payroll management:
- Paid leave policies must be updated – Employers should adapt internal guidelines and employee handbooks to reflect this new right.
- HR teams and managers need training – Awareness-raising is crucial to ensure managers understand how to handle employee requests and documentation.
- Risk of retroactive claims – Employees may seek to recover previously lost holidays, either amicably or through litigation. Companies must be vigilant in managing records and balances.
- Closer monitoring of leave and absences – Employers should ensure robust systems are in place to track sick leave notifications and holiday rescheduling.
Looking Ahead
This decision marks an important step in harmonizing French labour law with European standards. For employees, it strengthens the protection of their right to rest. For employers, it creates new compliance requirements that must be carefully managed.
Companies operating in France should review their HR practices as soon as possible to ensure alignment with the new rules and to reduce the risk of disputes. By proactively adapting, employers can minimize legal and financial exposure while maintaining trust with their workforce.
Key takeaway: From now on in France, if an employee falls ill during their holiday, their right to take that holiday later is protected — provided they inform their employer of the sick leave in due time.
At Internago, we help companies stay compliant with evolving labour laws. This shift has practical implications for HR policies, payroll, and absence management — areas where clear guidance and reliable processes are essential.
Our team and platform, Docio, support businesses in adapting smoothly to these updates across European markets, ensuring compliance and reducing risks.
Interested in learning more? Contact us at info@internago.com or explore our related blogs.
Disclaimer:
This blog post provides a general overview and introductory examples related to payroll. In practice, there are many additional factors to consider, and this article should not be regarded as comprehensive guidance. For a more in-depth discussion tailored to your specific needs, please feel free to contact us.