Paid Leave and Overtime: Two Landmark Rulings from the French Supreme Court
On September 10, 2025, the Social Chamber of the Cour de cassation (French Supreme Court) issued two major rulings in plenary session, both published in the official bulletin. These decisions mark a significant evolution in French labor law concerning paid leave and overtime calculation, and reflect the Court’s intent to align national law with European law.
1. Paid Leave and Sick Leave: Suspension of Leave Entitlement
(Cass. soc., Sept. 10, 2025, No. 23-22.732)
The Court ruled that when an employee falls ill during a period of paid leave, the sick leave suspends the paid leave. In practical terms, this means the employee retains the right to use those paid leave days later.
The Court’s objective is clear: to distinguish between paid leave (meant for rest and leisure) and sick leave (intended for recovery).
This decision applies Article L. 3141-3 of the French Labor Code in light of Article 7(1) of Directive 2003/88/EC, consistent with the CJEU’s case law (Schultz-Hoff, Pereda, ANGED).
Note: The suspension is subject to the employee submitting proof of sick leave.
2. Paid Leave Counts Toward Overtime Threshold
(Cass. soc., Sept. 10, 2025, No. 23-14.455)
In a second ruling on the same day, the Court updated its stance on how overtime hours are calculated.
From now on, for employees whose working time is calculated weekly, paid leave days must be considered as actual working time when determining whether the 35-hour threshold has been exceeded.
Once again, the Court aligns with EU law (Directive 2003/88/EC, Article 31(2) of the EU Charter of Fundamental Rights), which holds that an employee should not lose financial benefits for exercising the right to paid leave.
Impact: Paid leave days count toward the overtime threshold. An employee can take a day off and still receive overtime pay if the total working time (including paid leave) exceeds 35 hours in that week.
A European Approach to French Labor Law
These two decisions clearly reflect a European-driven approach adopted by the Cour de cassation. The Court is no longer merely applying transposed EU directives but is directly enforcing European law and CJEU case law.
The upside? Better alignment between French and EU labor standards, promoting social harmonization.
The downside? It creates legal uncertainty, reduces clarity at the national level, and risks diminishing the role of national lawmakers.
For more information, please contact Matthieu de SOULTRAIT.
