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Paid leave & sick leave When you have a long sick leave, then the question of paid leave arises… Indeed, what happens to it? Can we report them? Can I benefit from paid vacation pay?
Do we continue to acquire days?
When the employee is on sick leave , the acquisition of rest days depends on the reason for his absence. If he is absent due to a non-occupational illness, that is to say an illness which is not caused by his professional activity, he does not acquire a day of paid leave for the entire duration of his absence. It is nevertheless necessary to look at the collective agreement because it may be more favorable and assimilate these absences to actual working time. If he is absent due to a work accident or a recognized occupational illness, he continues to acquire leave days for one year from his first stoppage of work. Absences due to relapse are also counted in this one-year period. Beyond one year of uninterrupted absence, the employee no longer acquires days off.
Can you postpone the date of your paid leave?
If you are on sick leave on the date you would normally have left, you do not lose the benefit of your rest days. You must ask your employer to carry over the days of leave that you were unable to take due to your illness. You are not free to choose the date of postponement of your leave, and it is the employer who can decide alone on the date. On the other hand, if you fall ill while you are already on paid leave, you cannot postpone your days of rest or even extend the duration of your paid leave by the duration of your sick leave.
When should I receive my vacation pay?
When you cannot take your paid leave due to illness, you will not receive any compensation for your paid leave for the entire duration of your sick leave. It is only at the end of his sick leave and when the employee is actually on leave that the employer will pay him paid vacation compensation. If you become ill during your paid leave, you receive your paid leave compensation on the date initially scheduled. This compensation can be combined with the daily allowances paid by social security. If the employment contract is terminated before the employee is able to benefit from his paid leave, the employer must pay him compensation in lieu of paid leave in order to compensate for the loss of these days of leave.
In case of disagreement with the employer
If, upon your return from sick leave, your employer refuses to postpone your paid leave or in the event of disagreement concerning the date of departure for leave, you must not go on leave without having obtained prior authorization from your employer. Indeed, when it comes to paid leave, the employer remains the final decision-maker. This would constitute an offense punishable by disciplinary sanctions up to and including dismissal for serious misconduct. If the employer’s decisions relating to paid leave seem abusive to you, you can send them a registered letter with acknowledgment of receipt asserting their right to leave. If this letter remains unanswered, you must contact the industrial tribunal, alone or with the assistance of a lawyer.
DAMY law firm , Nice, Paid leave and sick leave, Updated 2022
