An employee who is sick during their paid leave can postpone it, according to the Court of Cassation

The ruling by the highest court was expected to bring French law into line with European law, which will therefore prevail, provided that "the sick leave is notified by the employee to his employer."

In European Union law, "the objective of paid leave is to allow employees not only to rest, but also to enjoy a period of relaxation and leisure," explains the Court of Cassation.

The purpose of sick leave is different: it must "allow employees to recover from a health problem," the press release continues, explaining that "these two rights therefore do not have the same purpose."

In another ruling published on Wednesday, the Court of Cassation ruled, following an appeal by three employees, that an employee on an hourly basis is entitled to overtime pay, including "during the week in which he took a day of paid leave and therefore did not work 35 hours effectively."

Here too, the reasoning is based on European law which states that "any measure which could dissuade an employee from taking paid leave is prohibited".

However, "calculating overtime that does not take into account paid leave days causes the employee to lose a financial advantage that may discourage them from resting."