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Work and health: news on the acquisition of paid leave.

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The law on various provisions adapting to European Union law (DDADUE) adopted on April 10 now aligns national legislation on the acquisition of paid leave (CP) during sick leave with European standards.

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What does the law say?

It allows employees on sick leave to acquire two working days' paid holiday per month of sick leave, up to a maximum of 24 working days per year. This measure, which applies retroactively from 1 December 2009, also introduces a 15-month carry-over period for taking these days of leave (unless the company or industry agreement is more favourable). The employer must notify the employee within one month of his return to work. The pay slip can be used to provide this information.

Affected employees still working for their company will have 2 years from 23 April 2024, the date of publication of the law in the Journal Officiel, to claim their rights before the courts. For employees whose employment contract ended before the law came into force, the scheme will be retroactive for 3 years. For employees who left their employer more than 3 years ago, the statute of limitations will apply.

Please note: the amount of paid leave earned by employees with occupational injury or disease is 2.5 days per month.