Can an employee acquire paid leave during sick leave?
Verified 12 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Accident at work Yes, the employee who is off work due to an occupational illness or, since 2April 4, 2024, of ordinary accident or disease is entitled to take paid leave. In some cases, the employee has a right to carry over leave. We explain the information you need to know.
The number of days of paid leave earned depends on the nature of the work stoppage accident at work : accident and disease of non-occupational origin or occupational disease.
Non-professional
Prior to April 24, 2024, it was not possible to earn paid leave during an original work stoppage unprofessional.
Since April 24, 2024, the employee who has stopped working because of common disease (accident or illness of non-occupational origin) is entitled to paid leave.
An employee who is away from work of non-professional origin shall be entitled to paid sick leave, up to 2 days working days per month (either 24 working days per year) during the leave accrual period.
This leave accrual period is called reference period : it is fixed of 1er June of year N-1 to May 31 of year N (unless a collective agreement or a collective company agreement provides for another period).
Leave earned during the reference period shall be taken during the period referred to as setting device .
The period for taking paid leave shall be:
- Either by collective agreement or a collective company agreement
- Or, in the absence of an agreement, by the employer, after the Social and Economic Committee (ESC), if one exists in the company.
The dosing period should include, in all cases, the 1er May year N to 31 October year N.
It shall be made known to employees at least 2 months before the period begins.
If the employee has been sick in part during the reference period, the employer must deduct:
- Acquired PTO days out period of illness
- And earned paid leave days during sick leave.
Reminder
The employee is entitled to 2.5 days working days per month working (either 30 days by reference period) during the reference period of 1er June 2024 to May 31, 2025.
The employee is entitled to 2 days working days per month, during its shutdown non-occupational illness or accident at work (either 24 days working days maximum per reference period) during the reference period of 1er June 2024 to May 31, 2025.
The number of days of leave may also be counted per 4-week period or per 24-day period of actual work. The statement that is most favorable to the employee is then used.
Example :
An employee has been on sick leave of non-professional origin for 2 months, of 1er august to september 30, 2024 : he is entitled to benefit from 2 days working days per month (either 4 working days(b) in respect of sickness
The employee shall be entitled to 29 days of paid leave (country leave earned during sick leave and paid leave earned outside sick leave):
- 5 days of 1er june to july 31, 2024: 2 x 2.5 days = 5 days
- 4 days of 1er august to september 30, 2024 (illness): 2 x 2 days = 4 days
- 20 days of 1er october 2024 to may 31, 2025: 8 x 2.5 days = 20 days
The PTO is calculated by comparing 2 calculation methods:
- According to 1re method known as the 1/10e : the paid leave allowance is equal to 1/10e of the total gross remuneration received during the reference period. In case oftermination for accident or illness of non-occupational origin, remuneration during the period of absence from work shall be taken into account up to 80%.
- According to 2nde method known as the maintenance of wages : the paid leave allowance is equal the remuneration received if the employee had continued to worka.
That's the amount most advantageous which is paid.
The employer must inform the employee within a month following his resumption of work and his leave entitlements:
- The number of days of paid leave he receives
- From the date until which paid holidays can be taken.
The employer shall inform the employee by any means ensuring a certain date of receipt, in particular by means of the pay slip.
After each sickness, the employer must inform the employee of the number of days of paid leave to be taken.
FYI
The date of issue of this information is the starting point of the period of carry-over of leave for the employee who does not have the possibility to take it during the period of take-up.
May benefit from carry-over period of 15 months :
- Paid leave not taken due to a work stoppage
- Paid leave acquired during a work stoppage covering the whole reference period.
The starting point of the 15-month period differs according to the situation.
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Paid leave not taken as a result of the work stoppage
Reminder
The period for taking paid leave shall be:
- Either by collective agreement or a collective company agreement
- Or, in the absence of an agreement, by the employer, after the Social and Economic Committee (ESC), if one exists in the company.
The dosing period should include, in all cases, the 1er May year N to 31 October year N.
It shall be made known to employees at least 2 months before the period begins.
An employee who couldn't pose all paid leave during the dosing period, due to illness, shall be entitled to 15-month carry-over period to take them.
One collective company agreement or a branch agreement may fix a longer period of the carry-over period.
Reminder
The postponement period is 15 months starts from the date on which the employee was informed of his rights by the employer, after resumption of work.
Paid leave not taken by the employee at the end of this 15-month period will be lost.
Example :
An employee is sick on the 1er February to 30 April of 2024 (year N). The employee returns to work on May 2, 2024, and the employer informs the employee of his rights on May 13, 2024.
In the company, the period for taking paid leave is fixed:
- of 1er May 2023 (year N-1) to 30 April 2024, for paid leave earned in reference period 1er June 2022 (year N-2) and 31 May 2023 (year N-1)
- of 1er May 2024 to 30 April 2025 (year N+1), for paid leave earned in reference period 1er June 2023 (year N-1) and 31 May 2024 (year N)
At the time of his sick leave, the 1er february 2024, the employee has 8 days of paid leave, earned during the reference period of 1er June 2022 (year N-2) to May 31, 2023 (year N-1), which were to be taken during the harvest period of 1er May 2023 to April 30, 2024.
Since the employee is unable, due to illness, to take his 8 days of paid leave during the intake period, he has a 15-month carry-over period from May 13, 2024 (i.e. until August 13, 2025) to take them.
Paid leave earned during the period of 1er june 2023 to may 31, 2024, may be taken by the employee during the take period 1er May 2024 to April 30, 2025.
Paid leave earned during a sick leave covering the whole reference period
When the employee is off work for the entire vesting period leave (so-called reference period of 1er June of year N-1 to 31 May of year N), starting point the deadline for the 15-month postponement is fixed at the end of this period.
A distinction must be made between:
- If the employee has not resumed work at the end of the carry-over period, the paid leave acquired during the stoppage of work covering the accrual period shall be lost
- If the employee resumes work while period deferral is still in progress, the 15-month period is suspended until the employer informs the employee of his entitlement to leave.
Example :
An employee is sick on the 1er June 2023 to November 30, 2024. He returns to work on the 1ster December 2024 and his employer informs him of his rights on December 20, 2024.
During the vesting period (reference period) 1er june 2023 as of may 31, 2024, the employee was off work for the entire period. The 15-month carry-forward period for accrued paid leave over this reference period (24 days) begins on May 31, 2024.
The carry-over period shall be suspended on 1er December 2024, the date the employee returns to work. In this case, 6 months having already elapsed (May 31, 2024 to November 30, 2024), there remains a 9-month deferral period that begins to run again when the employer informs the employee of his rights, that is, on December 20, 2024.
The accrual of paid leave during work stoppages for non-occupational illness shall apply retroactively.
An employee who has been on sick leave of non-occupational origin is therefore entitled to claim, depending on his situation, the acquisition of paid leave not taken or compensation.
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The employee is still in the company
If the employee is employed in the company, he shall be given a period of 2 years as of April 24, 2024 (i.e. until 23 April 2026 midnight) to claim leave earned for sick leave taken after the 1er december 2009.
After this period of 2 years, the employee loses the possibility to claim his leave entitlements during this period.
The employee left the company
If the employee has left the company, he shall be given a period of 3 years from the date of termination of his employment contract in order to obtain payment of compensatory allowances by his former employer in respect of sick leave.
Please note
In the event of a dispute between the employee and the employer, only labor council (CPH) is competent.
Professional
Prior to April 24, 2024, work stoppages of a professional nature (for cause accident at work of or occupational disease) were taken into account for the acquisition of paid leave within one year.
Since April 24, 2024, the absence of the employee during a stoppage of work for an accident at work or an illness of occupational origin shall be regarded as actual working time entitling the holder to paid leave, whatever the length of that absence.
Accident at work In the event of a work stoppage due to an occupational disease or an occupational disease, the employee shall be entitled to paid leave entitlements, up to 2.5 days working days per month (either 30 days per reference period).
The PTO is calculated by comparing 2 calculation methods:
- According to 1re method known as the 1/10e : the paid leave allowance is equal to 1/10e of the total gross remuneration received during the reference period. In case oftermination for accident or illness of occupational origin, remuneration during the period of absence from work shall be taken into account up to 100%.
- According to 2nde method known as the maintenance of wages : the paid leave allowance is equal the remuneration received if the employee would have continued to workr
That's the amount most advantageous which is paid.
The employer must inform the employee within a month following his resumption of work and his leave entitlements:
- The number of days of paid leave he receives
- From the date until which paid holidays can be taken.
The employer shall inform the employee by any means ensuring a certain date of receipt, in particular by means of the pay slip.
After each sickness, the employer must inform the employee of the number of days of paid leave to be taken.
FYI
The date of issue of this information is the starting point of the period of carry-over of leave for the employee who does not have the possibility to take it during the period of take-up.
May benefit from carry-over period of 15 months :
- Paid leave not taken due to a work stoppage
- Paid leave acquired during a work stoppage covering the whole reference period.
The starting point of the 15-month period differs according to the situation.
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Paid leave not taken as a result of the work stoppage
Reminder
The period for taking paid leave shall be:
- Either by collective agreement or a collective company agreement
- Or, in the absence of an agreement, by the employer, after the Social and Economic Committee (ESC), if one exists in the company.
The dosing period should include, in all cases, the 1er May year N to 31 October year N.
It shall be made known to employees at least 2 months before the period begins.
An employee who couldn't pose all paid leave during the dosing period, due to illness, shall be entitled to 15-month carry-over period to take them.
One collective company agreement or a branch agreement may fix a longer period of the carry-over period.
Reminder
The postponement period is 15 months starts from the date on which the employee was informed of his rights by the employer, after resumption of work.
Paid leave not taken by the employee at the end of this 15-month period will be lost.
Example :
An employee is sick on the 1er February to 30 April of 2024 (year N). The employee returns to work on May 2, 2024, and the employer informs the employee of his rights on May 13, 2024.
In the company, the period for taking paid leave is fixed:
- of 1er May 2023 (year N-1) to 30 April 2024, for paid leave earned in reference period 1er June 2022 (year N-2) and 31 May 2023 (year N-1)
- of 1er May 2024 to 30 April 2025 (year N+1), for paid leave earned in reference period 1er June 2023 (year N-1) and 31 May 2024 (year N)
At the time of his sick leave, the 1er february 2024, the employee has 8 days of paid leave, earned during the reference period of 1er June 2022 (year N-2) to May 31, 2023 (year N-1), which were to be taken during the harvest period of 1er May 2023 to April 30, 2024.
Since the employee is unable, due to illness, to take his 8 days of paid leave during the intake period, he has a 15-month carry-over period from May 13, 2024 (i.e. until August 13, 2025) to take them.
Paid leave earned during the period of 1er june 2023 to may 31, 2024, may be taken by the employee during the take period 1er May 2024 to April 30, 2025.
Paid leave earned during a sick leave covering the whole reference period
When the employee is off work for the entire vesting period leave (so-called reference period of 1er June of year N-1 to 31 May of year N), starting point the deadline for the 15-month postponement is fixed at the end of this period.
A distinction must be made between:
- If the employee has not resumed work at the end of the carry-over period, the paid leave acquired during the stoppage of work covering the accrual period shall be lost
- If the employee resumes work while period deferral is still in progress, the 15-month period is suspended until the employer informs the employee of his entitlement to leave.
Example :
An employee is sick on the 1er June 2023 to November 30, 2024. He returns to work on the 1ster December 2024 and his employer informs him of his rights on December 20, 2024.
During the vesting period (reference period) 1er june 2023 as of may 31, 2024, the employee was off work for the entire period. The 15-month carry-forward period for accrued paid leave over this reference period (24 days) begins on May 31, 2024.
The carry-over period shall be suspended on 1er December 2024, the date the employee returns to work. In this case, 6 months having already elapsed (May 31, 2024 to November 30, 2024), there remains a 9-month deferral period that begins to run again when the employer informs the employee of his rights, that is, on December 20, 2024.
Reminder
Since April 24, 2024, the absence of the employee during a stoppage of work for an accident at work or an illness of occupational origin shall be regarded as actual working time entitling the holder to paid leave, whatever the length of that absence.
It's not possible to request a recall of leave during an accident at work or occupational disease more than one year occurred before April 24, 2024.
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For more information on this topic, you can contact Allô Service Public.
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The informants who answer you belong to the ministry responsible for labor.
Periods of actual work taken into account for the determination of the duration of leave
Number of days of leave acquired during a work stoppage due to an accident or illness of a non-occupational nature
Leave period and departure order (public policy)
Leave period and departure order (collective bargaining field)
Leave period and departure order (supplementary provisions)
Rules for postponement of leave (public policy)
Leave Carry-Over Rules (Collective Bargaining Field)