If you get sick during your paid vacation, you can postpone them

Here’s some great and fantastic news for all French employees: on Wednesday, September 10, 2025, a ruling from the Court of Cassation stated that an employee who falls ill during their vacation will have « the right to have their paid leave postponed ». However, there is one condition to keep in mind. 

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Une publication partagée par Sarah BALLUET (@balluetsarah)

A rule that requires notifying the employer

Indeed, you can now postpone your paid leave if you get sick during it, but for this rule to apply, “the sick leave [must be] notified by the employee to their employer ,” specifies the Court of Cassation. 

Two rights with different objectives

Why was such a decision made by the legal institution? To ensure that French law aligns with European law, where paid leave and sick leave serve different purposes. As indicated by a statement from the Court of Cassation notes, for the Court of Justice of the European Union, that “the purpose of paid leave is to allow employees not only to rest, but also to enjoy a period of relaxation and leisure.”

On the other hand, sick leave is meant to “allow employees to recover from a health issue.” The fact that France was not respecting this right led to a formal notice being issued by the European Commission. The decision of the court of appeal emphasizes that “since the illness prevents rest, an employee on sick leave during their paid vacation is entitled to have it postponed.”