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IN BRIEF
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Fell ill on vacation? Here’s how to manage your leave days
Being sick during vacation is a dreaded situation for all employees. Indeed, when one falls ill during their time off, it is crucial to know how to manage the remaining leave days. Legislation in France, although recently modified, remains somewhat unclear on this issue. This article sheds light on your rights and the steps to follow if you fall ill during your vacation.
Understanding current legislation
Just over a year ago, France rewrote the Labor Code to allow the accrual of leave days during sick leave. However, this provision still raises questions, particularly regarding the deferral of paid leave in case of illness occurring during vacations. According to European legislation, workers are entitled to recover their unused vacation days due to illness. However, French case law has long considered otherwise.
Rules regarding deferral of leave
According to the new regulation, when an employee is unable to take their leave due to illness or an accident, they benefit from a deferral of 15 months for unused leave days. This rule aims to safeguard the employees’ right to rest, even if these days cannot be taken in the usual manner. However, the formulation of this new rule has sparked numerous criticisms, leaving many employees unclear about the interpretation of their rights.
The perspective of European case law
The Court of Justice of the European Union has clearly established that an employee who is sick during their vacation should be able to defer their leave days. This ruling, which distinguishes between sick leave and paid leave, emphasizes that sick leave is meant for recovery while paid leave should be reserved for rest and leisure. Despite this ruling, the application of this principle in French law is still awaiting clarification.
Steps to follow in case of illness during your time off
If you become ill during your vacation, it is essential to follow certain steps to ensure the proper management of your leave days. First, it is recommended to inform your employer of your health status as soon as possible. Then, be sure to consult a healthcare professional to obtain a medical certificate. This document will be crucial to justify the deferral of your leave days.
Finally, make sure to keep a record of all your communications with your employer regarding your situation. This may be useful to defend your rights in case of disagreement or ambiguity regarding the deferral of your leave days. It is also advisable to stay updated on any changes regarding the legislation, as the situation evolves rapidly.
Waiting for the government’s position
Given the current complexity of the situation, it is expected that the French government will take a stance on these issues to provide clarifications. The European Commission has even granted a two-month period for France to express its position on this ambiguity. While awaiting new directives, it may be wise to consult available resources on workers’ rights regarding paid leave and sick leave.
For more information on topics related to vacations and leave legislation, check out this article on the school holiday calendar to plan your leave smoothly: School Holiday Calendar 2025.
It is also possible to discover modalities regarding destinations to avoid during summer: Destinations to Avoid. Keep in mind that health remains a priority, even during vacation periods.
