New Legislation | In brief: Carrying over leave during sickness

New Legislation | In brief: Carrying over leave during sickness

Auteur : Flichy Grangé Avocats
Published on : 02/10/2017 02 octobre Oct. 2017
The period during which an employee may postpone leave not taken because of sickness is not limited – European case law provides that if a worker has not been able to take his paid leave during the reference period due to the fact that, a sick leave, he must be able to carry them over for a period of time that is substantially longer than the duration of the reference period for which leave is granted. However, European law does not require Member States to set a time-limit for such holidays with pay. Thus, since the French Labor Code does not provide for this period, an employee who has been unable to take his annual paid leave during the reference period must be able to carry them over after the date of return to work or, in the event of a termination, be compensated for these days of paid leave. 

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