Patricia Pierre, expert in Social & HR Management, deciphers the recent reform of paid leave entitlement, in an article for Cadre & Dirigeant Magazine.
The reform of the right to paid leave in France with the adoption of the law of April 22, 2024 (published in the JO of April 23, 2024) marks a major change in French legislation on paid leave.
Now aligned with European standards, French law allows employees to acquire paid vacation days during periods of absence from work.
Regardless of the cause (occupational or non-occupational illness, workplace accident) or duration.
This reform, which is beneficial to employees’ rights, requires employers to adapt rigorously to these new requirements.
This reform marks a significant advance in employee rights.
It requires employers to carefully adapt their vacation management practices.
Clear communication and appropriate tools will be essential to comply with these new legal requirements.
Focus on the reform of paid leave entitlement.
Main changes in the reform of vacation entitlement for employers
Acquiring paid leave in the event of illness
Employees on non-occupational sick leave now earn 2 working days’ paid vacation per month, capped at 24 days per year.
In the event of an accident at work or occupational illness, they are entitled to 2.5 days per month, i.e. 30 days per year, even if they are off work for more than 12 consecutive months.
These new rules require careful, differentiated management of paid leave depending on the nature of the work stoppage, which can complicate the calculation of entitlements.
Vacation carry-over period
The law introduces a 15-month carry-over period, enabling employees to take earned leave unused during the normal period due to sick leave.
For current employees, this law is retroactive to December 1, 2009, the date on which the Lisbon Treaty came into force.
They have two years from publication of the law (i.e. until midnight April 23, 2026) to claim their rest entitlements.
Former employees have 3 years from the date of termination of their employment contract to claim compensation.
This retroactivity is limited to avoid an excessive accumulation of rights and to protect companies from too heavy a financial impact.
Employee information obligations
One of the key measures of this reform is the obligation for employers to inform employees of their entitlement to paid leave each time they return to work after a period of sick leave or accident at work.
This information must include the number of days of leave available and the dates up to which this leave can be taken.
It must be provided in the month following the employee’s return to work, by any means conferring a certain date, such as the pay slip.
This requirement implies specific formalities and rigorous monitoring, often necessitating the use of human resources information systems (HRIS) to automate and clarify the […]
Source: Opinion column by Patricia Pierre in Cadre & Dirigeant Magazine – May 28, 2024
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