Nightmare scenario: you're dreaming of beaches, mojitos and idleness... and then the thermometer and handkerchiefs show up. Good news: your vacation days are no longer lost. In a ruling handed down on September 10, 2025, the French Court of Cassation confirmed that any employee who falls ill while on paid leave is entitled to defer his or her vacation.
Until now, deferment was only possible if theillness occurred before departure. Now, France is aligning itself with the Court of Justice of the European Union (CJEU), which has been protecting this right for several years. The idea is simple: paid leave is for rest and relaxation, while sick leave is for recovery. If illness prevents you from resting, it's logical that these days off can be taken back at a later date.
However, this right comes with precise rules. The employee must consult a doctor, obtain a work stoppage and, above all, send it to his employer within 48 hours. Without this notification, it is impossible to claim the postponement.
In theory, this measure applies immediately. Employees gain protection, but for employers, it also means reorganizing schedules and resources internally.
Clearly, falling ill while on vacation is no longer synonymous with lost vacations. As long as you meet the deadlines, you'll be able to enjoy your well-deserved days off later!
