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Clifford Chance
Briefings

Briefings

Two new major rulings on paid leave

14 November 2025

Two recent rulings from the Cour de cassation continue to refine employers’ obligations on paid leave.
Consistent with the 13 September 2023 ruling1, which confirmed that employees continue to accrue paid leave while on sick leave, whether the illness is work-related or not, the Cour de cassation has further aligned French law with EU requirements through two recent decisions clarifying the interaction between paid leave, sick leave and overtime calculation. These developments reinforce the need for employers to review their HR and payroll processes to ensure compliance and to assess potential financial exposure.

 

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