Protected employees may be placed on temporary leave

🔍 Can a protected employee be placed on leave during an internal investigation? Yes—under strict conditions.

📅 In a landmark ruling dated April 4, 2025 (CE no. 489866), the French Administrative Supreme Court confirmed that an employer may place a protected employee (e.g., union rep, staff delegate) on paid provisional leave during an investigation — as long as it does not result in a lasting change to their employment contract without their consent.

⚖️ This temporary measure must:
✅ Be justified by the needs of the investigation
✅ Be limited in time and paid
✅ Precede any formal disciplinary process
✅ Not alter the contract or working conditions permanently

👥 In this case, the leave allowed a harassment investigation to proceed quietly, respecting both workplace safety and employee rights.

💡 Key takeaway for HR and legal teams:
Even when dealing with protected staff, your duty to ensure a safe and healthy work environment prevails. But any provisional measures must be proportionate, temporary, and well-documented.

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