New HR rule: Sick leave during paid holiday and recovery of days
Following a recent ruling by the French Supreme Court (Cour de cassation), in line with European law, employees who fall ill whilst on holiday can now recover the days they have lost.
September 2025
This is a major HR legal update with direct consequences for absence management and holiday tracking across all organisations.
Principle: Paid Holiday and Sick Leave are now compatible
From now on, if an employee is on holiday and a doctor prescribes sick leave, those days will no longer be deducted from their holiday entitlement.
Instead, they can be rescheduled and taken at a later date.
Context: Alignment with European Law
This reform stems from:
The European Directive 2003/88/EC, which guarantees the right to genuine rest
The French “DDADUE Law” of April 22, 2024, which already allowed employees to accrue paid holiday while on sick leave
And the French Supreme Court decision of 10 September 2025, which fully brings French law into line with European standards
Practical consequences for Employers and Employees
For employees: no more lost holiday if illness occurs during leave
For employers: obligation to manage new holiday carryovers and ensure proper receipt of sick leave certificates
For HR teams: closer monitoring of holiday balances and necessary adjustments in HRIS (HR software)
Practical Example
An employee takes two weeks’ holiday in August.
On 5 August, they are signed off sick until 10 August.
Result: those 6 days are not counted as holiday and can be rescheduled later.
Key Takeaways for your organisation
Paid holiday is now protected when sick leave occurs during leave
The reform applies immediately to all employers and employees in France
HR departments must adapt policies and clearly communicate this change to staff
Want to secure your HR processes and avoid risks linked to holiday management?
If you are expanding your business into France or already managing a local team, offering a health plan (“mutuelle”) is only part of your compliance and employee benefits responsibilities.
Hiring in France means more than offering a salary. It means integrating into one of the world’s most structured social protection systems, including healthcare, which is both robust and highly regulated.
Every day, over 4 million employees in France use their meal vouchers (titres-restaurant) to pay for lunch. Yet, many companies and employees are unaware of the exact rules governing their eligibility and use.