French employees have just suffered a severe setback regarding their rights to paid leave during sick leave. The Constitutional Council has in fact just validated a legislative provision that is not very favorable to employees.
The Constitutional Council ratifies the non-counting of paid leave excluding occupational illness
The Constitutional Council has just validated the current legislation, which does not grant paid leave only in the event of occupational illness and this for a maximum of one year.
In its highly anticipated decision, the Constitutional Council judged this restrictive right to be consistent with the French Constitution. This is a hard blow for employees, who were hoping for progress on this sensitive issue.
Yet, this decision could quickly be called into question because France must comply with European law. Indeed, the jurisprudence of the Court of Justice of the European Union requires the granting of paid leave to all employees on sick leave, even for non-professional reasons.
The government is forced to legislate
Aware of this inconsistency, the government is committed to modifying French legislation to bring it into line with European law. A new law extending rights to paid leave during sick leave should therefore be presented to Parliament next spring.
Employers concerned about costs
On the employers’ side, this development is not very popular. THE MEDEF believes that granting paid leave to all employees on sick leave, and no longer just in the event of occupational illness, could cost up to 2 billion additional euros per year for businesses. The CPME shares these concerns about the economic repercussions.
The CGT welcomes a victory for employees
The CGT, for its part, welcomes the planned expansion of paid leave rights for employees on sick leave. Even if the decision of the Constitutional Council is disappointing, it implies that current practices are no longer tenable and will have to be amended.
A legal saga since 2009
This case has its origins in a decision of the Court of Justice of the European Union dating from 2009. The European court then ruled that it was contrary to European law to reserve paid leave during sick leave only for cases of occupational illness.
The Constitutional Council has just missed an opportunity to bring French law into compliance on this sensitive issue. Sick employees will not yet benefit from the expected equal treatment. But legal developments seem inexorable.
My name is Michael. I am a journalist for this magazine where I analyze and break down current events in order to provide you with articles that will allow you to have as nuanced and fair an understanding of global issues as possible. Passionate about creating bridges between stories and people, I joined this site to practice interactive journalism, where each article is an open dialogue with the reader.
