Paid leave and sick leave: what the new law changes

The DDADUE Act (“Diverses Dispositions d’Adaptation au Droit de l’Union Européenne“) came into force on April 24, 2024. One of the goals of this new piece of legislation is to peovide a legal accomodation for the rule set up by case law on September 13, 2023, which opened the door to the unrestricted acquisition of paid leave rights during sick leaves, whatever the nature of the illness.

The DDADUE Act extends the acquisition of paid leave during sick leave.

From now on, employees on sick leave…

  • …of non-occupational origin can acquire 2 working days of leave per month, up to a maximum of 24 working days per year;
  • …of occupational origin can acquire 2.5 working days of leave per month, up to a maximum of 30 working days per year, even if the interruption of work lasts more than one year.

The DDADUE Act also introduces a duty of information for the employer.

Within one month of the employee’s return to work, the employer must inform the employee, by any means that provides a date of receipt, of the following :

  • the number of days of paid leave available, and
  • the date by which the paid leave must be taken.

It is the date of this information that will determine the legal deferral period of 15 months. However a company or branch agreement may set a longer deferral period.

Exceptionnaly, the 15-month deferral period begins on the date on which the reference period for which the leave was earned ends if the employee has been off for sick for at least one year on that date. If the employee goes back to work before the end of the deferral period, this period will be suspended until the employer informs the employee.

This Act is intended to cover all situations since October 1, 2009.

The DDADUE Act sets out the time limits for taking legal action.

Actions related to the leave temployees on leave are entitled to for periods prior to April 24, 2024 can only be initiated until April 24, 2026.

Claims stemming from contracts already terminated upon April 24, 2024 are time-barred after three years..

LAW no. 2024-364 of 22 April 2024 containing various provisions for adapting to European Union law in the fields of economics, finance, ecological transition, criminal law, social law and agriculture