Is it true that French workers who fall sick on holiday can reclaim leave?
France’s supreme court, the Cour de cassation, ruled on the matter in 1996
A worker who is sick while on annual leave continues to have those days deducted from their entitlement - unless their convention collective says otherwise
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Employees in France who fall ill during their annual leave may soon be entitled to recover those days, as France is under pressure from the European Commission to align national law with EU rules.
At present, French labour law does not require employers to compensate or restore leave lost to illness during holidays.
A worker who is sick while on annual leave continues to have those days deducted from their entitlement, even if they cannot enjoy the break.
This position stems from long-standing case law of the Cour de cassation, which in 1996 ruled that illness during leave does not interrupt the holiday period.
If illness occurs before the holiday begins, the situation is different: the employee can postpone the holiday to a later date or receive a compensatory payment from their employer.
However if falling ill during annual leave the only compensation available is financial: statutory sick pay from the social security system, in addition to holiday pay. This does not restore the days of leave themselves.
EU law takes opposing view on sick leave
This position places France in opposition to the EU rules on sick leave.
EU directive 2003/88/EC on working time states that paid annual leave is intended for rest, relaxation and leisure, while sick leave is designed for recovery from illness.
It holds that the two rights are separate and should not overlap to the detriment of the worker.
The Court of Justice of the European Union (CJEU) has repeatedly confirmed that an employee who falls ill during annual leave must be able to take the ‘unused’ leave at a later date.
The European Commission says national laws preventing such carry-over are incompatible with EU rules.
As a consequence of its labour law, the commission issued France with formal notice of infringement proceedings on June 18, 2025, stating that French legislation fails to ensure that workers who fall ill during annual leave can recover the days concerned.
France has two months to respond and indicate how it will correct the situation.
If the Commission is not satisfied that France will fulfil its obligations it may formally request that France complies and ultimately refer the matter to the CJEU.
Some workers can reclaim leave
Nonetheless, certain convention collectives, which are the labour rules agreed between employers and unions according to sector, already allow for leave to be carried forward after illness or accident.
However, since there are some 650 convention collectives in France, the situation is highly variable depending on the employment sector and company size.
You can check if this applies to your convention collective here.
Under the present Code du travail, there is no explicit provision covering sickness during annual leave.
Employers are considered to have met their obligations if they grant the planned holiday and pay the corresponding indemnity.
