Calculation of paid leave: work stoppages count!

Previously, the Labor Code did not allow employees (or to a limited extent) to acquire paid leave during their work stoppages. But this rule, which was not in line with European law, has just been modified by the government. The change has been in force since April 24, 2024. Explanations.

In the event of a non-occupational injury or illness

During a work stoppage following a non-occupational injury or illness, employees now accumulate 2 working days of paid leave per month, i.e., a maximum of 4 weeks of paid leave for an absence of one year.

And beware, this new rule takes effect, retroactively, on December 1st, 2009. This means that employees can claim paid leave rights from their employer for work stoppages that have occurred since December 1st, 2009. If the employer refuses, they can take the matter to court within 2 years from April 24, 2024 (i.e., until April 23rd, 2026).

Employees can also go to court to claim compensation from their former employers for their work stoppages that have occurred since December 1st, 2009. This compensation then takes the form of an allowance in lieu of paid leave on the condition that they act within 3 years of the termination of their employment contract.

Important: In the context of these legal actions, employees cannot obtain more than 24 working days of paid leave per year, considering the days of leave they have already acquired for periods of actual work or assimilated as such (maternity, paternity, training leave, etc.).

In the event of an accident at work or occupational disease

From now on, sick leave following an accident at work, or an occupational disease is assimilated to periods of actual work for the calculation of employees’ paid leave. Indeed, during these work stoppages, employees acquire 2.5 working days of paid leave per month, i.e., a maximum of 5 weeks of paid leave for an absence of one year.

Note: The government has not set up a retroactive system for sick leave due to work accidents and occupational diseases.

What impact on the paid leave allowance?

As a reminder, depending on the most favorable calculation formula to the employee, the allowance to be paid to an employee on paid leave corresponds:
- to the remuneration to which he would have been entitled if he had worked.
- or to 1/10th of the total gross remuneration he received during the period of acquisition of the leave (known as the “p period”, i.e., in principle, from June 1st to May 31st).
In the latter case, from now on, only 80% of the employee’s gross remuneration linked to periods of sick leave following an accident or disease of non-occupational origin should be retained.