Employer obligations in the event of employee illness in France

New rules for leave accumulation during illness

• In the case of workplace injury or occupational illness: The employee is entitled to the usual accrual rate of 2,5 days of leave per month of absence, with a maximum of 30 days per year.

• In the case of non-occupational illness: Since the legislative change, the employee accrues 2 days of leave per month of absence, with a maximum of 24 days per year.

Employer’s duty to inform

The new legislation also imposes additional obligations on employers. The employer must inform the employee in a timely manner of the number of accrued leave days and the deadline by which these can be taken. This information must be provided in writing within one month following the employee’s return, using a method that ensures receipt. This requirement applies to all periods of absence, regardless of duration.

During the employee’s absence, however, the employer is not permitted to inform them about the number of accrued leave days.

Practical implementation

Six months after this law took effect, its practical application has proven to be challenging in some cases. For example, what happens if the employer fails to comply with this new obligation? The law remains unclear on this point. Additionally, it provides no specific guidelines on the format in which the information should be conveyed. In special situations, such as consecutive periods of illness and work, it is also unclear how information should be communicated.

Employers are therefore encouraged to exercise caution by carefully identifying the different periods during which leave days are accumulated and ensuring that accurate, written information is provided to the employee to prevent any misunderstandings.

If you have further questions about these new obligations, please don’t hesitate to contact us!