work – The Council of State has also limited to three years the retroactivity of compensation due to employees who have been sick and lost leave as a result, going in the direction of employers’ organizations
THE employees on leave for non-occupational illness will now acquire paid vacation, but they will be limited to four weeks over a year. Questioned by the government on the transposition of a European directive, the Board of state was decided on Thursday.
The minimum duration of paid leave is four weeks per year in Europe compared to five weeks in France, but in France, absences due to illness of non-professional origin did not until now give rise to the acquisition of paid leave.
Retroactivity of compensation limited to three years
“The legislator is not required, to ensure the conformity of French law with the Constitution and the law of the European Union, to confer on periods of absence due to illness the same effect of acquiring leave rights as periods of actual work,” indicates the Council of State, in its opinion communicated on Thursday.
The highest administrative court has also limited to three years the retroactivity of compensation due to employees who have been ill and lost leave as a result since December 1, 2009, the date of entry into force of the Lisbon Treaty.
Employer organizations reassured
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2024-03-15 22:29:52
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