A recent law changes the way holiday sick leave is managed, introducing specific obligations and conferring new rights on employees. A thorough understanding of these adjustments is essential to optimise human resources management.
Context and objectives
The recent changes to the regulations on annual leave, which have been in force since 1 January 2024, are part of the adaptation required to comply with a European directive issued on 4 November 2003. The aim is to offer employees greater flexibility in the event of incapacity to work during holiday periods.
New employee rights and obligations
1. Information on place of residence: in the event of incapacity to work during the holidays, employees are now required to inform their employer of their place of residence, particularly if it differs from their usual address. This measure is intended to facilitate communication between employer and employee during this particular period.
2. Medical certificate: within two working days of becoming incapacitated, the employee must provide his employer with a medical certificate. Even in the absence of an express request from the employer, this new obligation applies, with a specific model provided by the competent authorities.
3. Right to guaranteed pay: from 2024, annual holiday days covered by a medical certificate will be considered as days of incapacity for work. This entitles the employee to guaranteed pay, at the employer's expense. It is essential that the medical certificate is submitted in good time to guarantee payment of this benefit.
4. Postponement of leave: in the event of incapacity for work, employees have the option of postponing their leave immediately following the period of incapacity. The extension of leave is not automatic, but remains a possibility subject to the employer's approval.
The employee may carry over his days until 31 December of the holiday year in which the incapacity for work occurred.
5. If, at the end of the holiday year, the employee is unable to take his days of leave due to certain periods of interruption of work, including illness, he may defer these days and take them no later than 24 months after the end of the holiday year.
Concrete example: Suppose an employee is unable to work from 6 October 2024, for a period of 3 months. At that point, he has a balance of 7 days' annual holiday that he cannot take before 31 December 2024. He will be able to carry over these 7 days to a later period, i.e. from 1 January 2025 to 31 December 2026.
Mention in work regulations
Companies are required to adjust their work regulations to include a specific mention of the steps to be taken in the event of incapacity to work during the annual holidays. The aim of this measure is to ensure legal clarity and effective management of these special situations.
Conclusion
This legislative update represents a significant step towards fairer management of periods of incapacity for work during holidays. As a player committed to your success, we are at your disposal for any further information you may require and to help you apply these new provisions.
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