There are currently no specific rules in French law addressing the situation where an employee falls ill during their annual paid leave. In practice, this means that employers may choose to postpone the employee’s paid leave, but they are not legally required to do so.
However, on June 18, 2025, the European Commission raised concerns that French legislation does not ensure that workers who are on sick leave during their paid leave can reclaim the days of annual leave that overlap with their sick leave.
Thus, the Commission considers that French legislation does not comply with the European provisions regarding working time and does not guarantee employees’ health and safety.
As a result, the Commission sent a letter of formal notice to France, giving the government two months to respond and take corrective action.
If the French government does not take action within this time limit, the Court of Cassation could possibly do so earlier (as was done for the acquisition of paid leave during sick leave).