This is a major HR legal update with direct consequences for absence management and holiday tracking across all organisations.
Principle: Paid Holiday and Sick Leave are now compatible
From now on, if an employee is on holiday and a doctor prescribes sick leave, those days will no longer be deducted from their holiday entitlement.
Instead, they can be rescheduled and taken at a later date.
Context: Alignment with European Law
This reform stems from:
- The European Directive 2003/88/EC, which guarantees the right to genuine rest
- The French “DDADUE Law” of April 22, 2024, which already allowed employees to accrue paid holiday while on sick leave
- And the French Supreme Court decision of 10 September 2025, which fully brings French law into line with European standards
Practical consequences for Employers and Employees
- For employees: no more lost holiday if illness occurs during leave
- For employers: obligation to manage new holiday carryovers and ensure proper receipt of sick leave certificates
- For HR teams: closer monitoring of holiday balances and necessary adjustments in HRIS (HR software)
Practical Example
An employee takes two weeks’ holiday in August.
On 5 August, they are signed off sick until 10 August.
Result: those 6 days are not counted as holiday and can be rescheduled later.
Key Takeaways for your organisation
- Paid holiday is now protected when sick leave occurs during leave
- The reform applies immediately to all employers and employees in France
- HR departments must adapt policies and clearly communicate this change to staff
Want to secure your HR processes and avoid risks linked to holiday management?
Contact our HReact experts for tailored support.
