You can now acquire paid sick leave: we explain what the decision of the Council of State changes

The calculation of compensation will be based on four weeks per year. FREE MIDI ILLUSTRATION – FRANCK VALENTIN

Employees on sick leave will now be able to acquire paid leave, even when the origin of the leave is not work-related. The Council of State issued an opinion this Tuesday, Wednesday March 13, which provides for the provisions. 

Questioned by the government on the transposition of a European directive, the Council of State decided this Thursday, March 14: employees on sick leave, whatever the reason ;#39;origin (professional or not) will now have the right to acquire paid leave, up to four weeks per year.

The minimum duration of paid leave is four weeks per year in Europe compared to five weeks in France, but in France, absences for illness of non-professional origin did not give so far no place for the acquisition of paid leave.

Limited retroactivity

The bosses had strongly protested against the acquisition of paid leave during absences due to illness, and were alarmed by the amount of sums that companies could have had to pay retroactively.

They finally welcomed and with relief the opinion of the Council of State, which to avoid any abuse, limits to three years the retroactivity of compensation due to employees who have been sick and have therefore lost leave since December 1, 2009, the date of entry into force of the Lisbon Treaty.

"Our work, carried out in concert with the government has borne fruit", judged in a message on the social network

Report

The Council of State also ruled on the possibility of deferring leave acquired during sick leave, considering that the duration of this deferral should be at least 15 month. 

The Minister of Labor Catherine Vautrin promised in mid-January that "our country will obviously comply with European legislation". The government intends to propose an amendment as part of a draft law adapting to EU law which must be examined in the Assembly from this Monday 18 March.