Upcoming changes to paid leave in France following EU call to comply

Published on : 01/08/2025 01 August Aug 08 2025

Potential upcoming changes with regards to paid leave under French law as the European Commission calls on France to comply with EU rules pertaining to working time


A much commented upon law in 2024 brought about changes in France with regards to the accrual of paid leave during sick leave. 

While the dust has yet to settle with regards to that debate, paid leave and sick leave are once again at the forefront of potential future evolutions, this time from a different angle. 

In the context of its infringement procedure, the European Commission strives to act against Member States that fail to comply, according to the Commission, with their obligations under European Union law.

On the 18th of June 2025, the European Commission issued a letter of formal notice to France for failing to comply with EU rules on working time (namely, Directive 2003/88/EC). 

According to the European Commission, French law rules do not guarantee employees who become ill during their annual leave the possibility of taking, later, the paid leave days that overlapped with their illness. 

The European Commission sees in this a non-compliance with the Directive on working time, and a potential danger to workers’ health and safety.

France has a two-month timeframe to respond to this formal notice, after which the European Commission may issue a reasoned opinion if it deems the response unsatisfactory.
 

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