Sick leave in France: how to claim accrued paid leave

Private-sector employees in France may accrue paid leave during sickness absence. To make the right claim, however, three possible outcomes must be distinguished: adding days to the leave balance, carrying those days forward for later use, or receiving compensation after the employment contract ends. Sick leave alone does not guarantee an immediate cash payment.

First, collect the dates of the absence and return, establish whether the cause was occupational or non-occupational, and compare payslips with the leave counter. The rules below are specific to France and should not be applied to contracts governed by another country.

1. Identify the nature of the absence

Since 24 April 2024, a non-occupational illness or accident generates up to 2 French working days (“jours ouvrables”) per month, capped at 24 per accrual period. For an occupational accident or disease, the rate is 2.5 days per month, up to 30 per reference period, without the former restriction to the first year of absence. The distinction is explained in the Service-Public.fr guidance.

As a rule, the reference period runs from 1 June to 31 May, but a collective agreement or company agreement may set another calendar. It is therefore not enough to multiply the months of absence: check the period used by the employer and the days accrued outside the absence.

2. Check the balance before calculating a claim

Organize the evidence by reference period: medical certificates and absence notices, payslips, the leave-counter record, employment contract, applicable collective agreement and any message received after returning. Make a simple table with the start date, end date, nature of the absence, days recorded before and after it, and the date of any employer notice.

For non-occupational illness after 24 April 2024, compare the relevant months with the limit of 2 days per month. For time worked, Service-Public.fr gives a general benchmark of 2.5 days per month. The Digital Labour Code confirms that employees continue to accrue leave whatever the cause of the illness and links to related templates and tools.

3. Check the information provided on return

After each period of sickness absence, the employer must inform the employee, within the month following the return to work, how many days are available and the date by which they can be used. The communication must have a verifiable receipt date; it may appear, for example, on a payslip, in an email or in a letter.

Keep that document. For leave that could not be used because of illness, the information date may start the carry-over period. If no information arrived, request in writing an itemized balance, the deadline for using it and the calculation for each reference period. Do not frame the request only as a “refund”: a person still employed will normally seek recognition of the days first.

4. Understand the carry-over period

Days that could not be taken because of sickness may have a 15-month carry-over period. A collective agreement may provide a longer period. For a shorter absence, the clock normally starts when the worker, after returning, receives the employer’s information.

Where an absence covers the entire accrual period, the clock may begin at the end of that period. If the employee returns while the period is still running, it is suspended until the employer communicates the rights. Because the starting point changes with the circumstances, record four dates: the beginning and end of the absence, the end of the reference period and receipt of the notice. Official examples appear in the Service-Public.fr explanation of the reform; the portal itself marks that page as old, so check the current rule through the official link before acting.

5. Take care with leave predating the reform

A transitional rule applied to non-occupational absences before 24 April 2024. Employees who remained with the company had until midnight on 23 April 2026 to bring a court claim concerning rights dating back to 1 December 2009. As of this article’s date, 6 November 2026, that special deadline has passed.

According to the official guidance, a person who left the company is subject to a three-year period connected with termination of the contract when seeking compensatory payment. The CFDT notes a legal debate about when that limitation period begins in some circumstances. Old cases or those close to a deadline therefore require individual assessment, with no guarantee of payment. The CFDT analysis also stresses that retroactive accrual cannot raise the total above 24 days for an accrual period.

6. Make a factual, traceable request

Send HR or the employer a message stating your identity, absence dates, declared cause, reference period, the balance shown in your records and the correction requested. Attach only necessary copies and request a written response. One possible wording is: “Please verify my paid-leave rights accrued during my absence from [dates], and inform me of my balance and the deadline for using it.”

If a refusal or persistent discrepancy remains, contact a union representative, the CSE employee committee, a regional Ministry of Labour service or a legal adviser. For a dispute between employee and employer, Service-Public.fr identifies the conseil de prud’hommes as the competent employment tribunal. Before filing a claim, check the official texts, the applicable collective agreement and the deadlines for the individual case.