RIGHT TO PAID LEAVE DURING WORK STOPPAGES

Article 37 of the DDADUE law of April 24, 2024
L3141-1 to L3141-33 of the Labor Code

 

1-   Acquisition of paid leave during a work stoppage

 

Sick leave or accident of non-occupational origin:

2 working days per month within the limit of 24 days per reference period* for acquiring paid leave days.

*reference period: from June 1 of year N to May 31 of year N+1.

Sick leave or accident of occupational origin:

2.5 working days per month, i.e., 30 working days per reference period for acquiring paid leave days.

 

2- Right to carry over paid leave acquired during a work stoppage

 

An employee who is unable, due to illness or accident, to take their accrued leave during the leave period benefits from a 15-month carry-over period to use it, after which the leave will be lost.

• Contract suspension < 1 year:

The deferral period begins on the date the employee receives, upon returning to the company, the following information:

–   The number of vacation days they have

– The date until which these days can be taken

– Information deadline by the employer: 1 month following the employee's return to work Information by any means, notably via the pay slip –

 

• Contract suspension > 1 year:

The 15-month deferral period begins on the date the reference period ends

1. The leave ends before the postponement period expires: the postponement is suspended until the employee is informed of their rights by the employer
2. The leave is still ongoing at the end of the deferral period: the days off are lost

 

3- Calculation of compensatory paid leave indemnity according to the most favorable method:

 

1/10th method

Compensation equal to 1/10th of the salary recalculated based on the company's working hours, up to 80% of the remuneration associated with the suspension periods

Salary maintenance method:

Compensation equal to the remuneration that the employee would have received if they had continued working

 

4-   Prescription rules

 

• Retroactivity of the law as of December 1, 2009
• Forclusion for employees still employed as of April 24, 2024: 2-year period from the date of entry into force of the text to request the granting of vacation days acquired during a non-occupational sick leave
• Three-year statute of limitations specific to wage claims for employees who left the workforce on the date the law came into force

 

5-   Our recommendations for employers

 

Employers must inform employees without delay upon their return from sick leave, in order to immediately start the 15-month carry-over period.