Holiday and sick leave: the end of an injustice?

France's Court of Cassation has just handed down two crucial rulings that will change life for many employees. It's a win for workers' rights and the end of certain injustices. The aim? To bring French law into line with European law.

Holiday or sick leave? The dilemma is over

The problem before: Picture it: you're on holiday, on the beach, and suddenly you fall ill. Flu, a stomach bug, whatever it is… Until now, those sick days during your holiday counted as lost. French law didn't let you claim them back. It was as if you had “used” your rest days, while you were stuck in bed.

The new rule: The Court of Cassation has ruled: if you fall ill during your paid holiday, you have the right to carry those days over.

Why? The court restated the obvious: holiday is for resting and unwinding, sick leave is for getting better. If you're ill, you can't rest. So you have the right to take those rest days later.

What does that mean in practice? As soon as you're signed off sick during your holiday, tell your employer quickly. Those days are owed to you, so you'll be able to book them later.

Overtime calculations change the game

The problem before: Until now, only your actual working time counted towards overtime. Your paid holiday days weren't included. If you worked on a weekly basis, that caused a problem.

Here's a concrete example: You have a 35-hour weekly contract. One week, you take a day off. On the other four days you work 9 hours a day, that is 36 hours. Previously, the employer counted only the 36 hours actually worked. The result: you didn't pass the 35-hour threshold and weren't entitled to overtime. It was as if your day off had “erased” your overtime.

What changes now: The Court of Cassation has decided that your paid holiday must be included in the overtime calculation.

What does that mean in practice? In our example, the employer must now treat the week as a 35-hour week, even though you took a day off. The 36 hours you worked over the remaining four days therefore are overtime. You're entitled to one hour of overtime pay.

A concrete step forward for employees

It's a ruling that will make life simpler for a lot of employees and make sure their working time is fairly paid.

Disclaimer: this article is not a substitute for legal advice. The information here is based on the Court of Cassation's rulings of 10 September 2025 and on the case law of the Court of Justice of the European Union.