Vacation transfer in the event of illness: New ECJ decision for employees!

Vacation transfer in the event of illness: New ECJ decision for employees!

On September 18, 2025, the Court of Cassation in France issued a landmark ruling clarifying the rights of employees related to paid vacation and sick leave. The decision, issued on September 10, 2025, allows future employees to transfer their vacation entitlement even if they become sick while on paid vacation. This regulation represents a significant adjustment to previous provisions, in which a transfer only came into force if the sick note took place before the vacation trip. Loud Sort in Paris This decision was considered necessary to better take into account the recovery period of workers and the recovery time from illness.

A central aspect of the regulation is that employees who want to transfer vacation days in the event of illness are obliged to see a doctor and obtain a sick note. This should be sent to the employer within 48 hours of the doctor's visit. Without timely notification, the transfer of vacation days is not possible. The measure theoretically applies immediately, forcing employers to reorganize their rosters and resources.

European context and new regulations

The new regulation in France is part of a broader European initiative initiated by the European Court of Justice (ECJ). A ruling by the European Court of Justice states that employees who were unable to take their paid annual leave due to long-term illnesses can also assert their rights against private employers who provide public services. The ECJ has also clarified that EU law allows a carryover period of 15 months for annual leave not taken due to long-term illness ( Labor law victories ).

This decision emphasizes the equality of employees on sick leave with active employees with regard to vacation entitlement. However, national rules providing for a carryover period must be provided for by law, proportionate and consistent with the essence of the right to paid annual leave. This ensures that employees' interests in rest periods are aligned with the organizational needs of employers.

Important legal provisions

In France, specific rules were introduced in response to the ECJ ruling. These new provisions take into account both the rights to paid annual leave enshrined in Article 31(2) of the Charter of Fundamental Rights of the EU and the concrete implementation by Article 7 of Directive 2003/88/EC. The entitlements are limited to those acquired during a maximum of two consecutive reference periods, meaning that employees can use their vacation days within these limits.

The decision of the Court of Cassation and developments at European level highlight the growing importance of employee rights in the context of vacation and sickness. These approaches have the potential to have a significant impact on employment relations in France and beyond.