Working during sick: damages are not due if at the employee’s initiative

The French Supreme Court ruled on 1 July 2026 that an employee cannot claim damages for working during their sick leave if it was at their initiative.

In 2024, the French Supreme Court had ruled that damages were due if an employer asked an employee to work while they were on sick leave.

Until this recent ruling, it was not clear whether this applied if the employee took the initiative. The court decided that the employee could still claim damages but would have to justify the amount of damages claimed.

Advice for HR

Ensure managers know that they cannot ask employees to respond to e-mails and/or work when they are on sick leave and to anticipate back-up plans. Ensure that the rules are also clearly explained to employees.