Margaux Fodéré / Photo credits: Andrea Savorani Neri / NurPhoto / NurPhoto via AFP 06:17, February 9, 2024
A decision eagerly awaited by businesses. The Constitutional Council validated this Thursday French law which prevents the acquisition of paid leave during sick leave. But it nonetheless remains contrary to European law and France will indeed have to comply.
The decision of the Constitutional Council, preventing the acquisition of paid leave during sick leave, in no way invalidates the recent judgment of the Court of Cassation which provides for a revision of French law. On the other hand, it gives the government and employers more time to comply.
“It is true that if the Constitutional Council had noted the unconstitutional nature of the applicable legal provisions, it could have been considered as additional pressure on the government. This legislative reform is, in any event, inevitable. It is just that it can give employers an argument and leave more latitude to the government before modifying legal provisions,” estimates Caroline André-Hesse, labor law partner at the Ayache firm.
A worrying legal development for employers
A little more time, but the outcome will be the same. Allow employees to acquire paid leave during their sick leave, regardless of the origin of the leave. A development in the law which is of great concern to businesses, because of the financial impact that this measure risks having.
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The amount is estimated between 2 to 3 billion euros per year according to the Confederation of Small and Medium Enterprises (CPME). And this, without taking into account the potentially retroactive nature of the measure, it will be up to the government to decide.