France: Employees Who Fall Ill During Their Holidays Can Claim Additional Days Off
The French Supreme Court rules that if employees fall ill during their holidays, their sick leave suspends their holiday, and such days cannot be deducted from their holiday entitlement.
Until this recent ruling by the French Supreme Court on September 10th, 2025, the rule was that if an employee fell ill during their holidays, this was simply bad luck. The employee could not prolong his/her holidays or ask to benefit from additional holidays corresponding to the time he/she was on sick leave.
This rule was however not aligned with European law which considers that the purpose of sick leave is to allow an employee to get better whereas the purpose of holidays is to allow the employee to rest and enjoy some leisure time.
The French Supreme Court therefore ruled that because being on sick leave was not the same as being holiday, the employee was entitled to keep the unused holidays and use them later. Of course, this is only possible if the employee sends in a medical certificate.
Key Action Points for Human Resources and In-House Counsel
Ensure your payroll team/provider are informed if an employee sends in a sick leave certificate during their holidays to ensure unused holidays are carried over in their holiday account.
