Paid Leave and Illness: The Audiovisual Collective Agreement in Question

Imagine: you have been an employee of France 3 Limoges for decades. You fall ill and go on a thermal cure on medical prescription. When you return, your employer tells you that those sick leave days do not count towards calculating your paid leave. Result: you lose legitimate holiday days. Unfair, right?

The Court of Cassation settled this question in 2006 in a landmark case involving an employee of France 3. The issue? Whether periods of paid leave for illness and thermal cures must be included in the calculation of the duration of paid leave, as provided for in Title II-3 of the collective agreement for communication and audiovisual production.

The judges' answer is clear: yes, these periods count. This decision sets a precedent and concerns thousands of employees in the sector, including in Panazol where an important audiovisual production site is located.

The Facts: A Story Like Many Others

Mr X, an employee of France 3 since 9 June 1963, was on sick leave several times. He also benefited from thermal cures prescribed by his doctor. Upon his return, he noticed that his employer had not taken these periods into account when calculating his paid leave. Result: he believes he lost recovery days and a balance of paid leave.

Mr X then took the case to the employment tribunal to obtain payment for these days. The case went up to the Court of Cassation, which had to interpret the applicable collective agreement. The question is simple: should paid sick leave days and thermal cures be considered as actual working time for calculating paid leave?

The employer, France 3, argued that Title II-3 of the agreement is not applicable to him, because it provides that paid leave is due for… (the rest of the text is missing). But the Court of Cassation did not see it that way.

The Reasoning of the Court — Analysed

The Court of Cassation relies on Article VII-4 of the collective agreement, which sets the limits of paid leave for illness and thermal cures. But above all, it interprets Title II-3 as including these periods in the calculation of paid leave. In short: if you are on sick leave but your employer pays you (via salary maintenance or a contractual indemnity), these days count as actual work for determining your entitlement to paid leave.

The reasoning is as follows: the right to paid leave is a fundamental right, guaranteed by the Labour Code (Articles L.3141-1 et seq.). Any period of absence treated as actual work by law or collective agreement must be taken into account. However, the audiovisual collective agreement expressly provides that paid leave for illness and thermal cures is treated as actual work, within the limits of Article VII-4.

This decision confirms a protective trend for employees' rights. It is part of a consistent case law that refuses to penalise sick employees by reducing their paid leave. Caution: this is not a reversal, but a strict application of the collective agreement.

What This Changes for You — Concretely

For audiovisual employees (France Télévisions, radios, production companies), this decision means that your paid sick leave days and thermal cures must be counted as working time for calculating your paid leave. Concretely, if you are absent for 30 days due to illness with salary maintenance, these 30 days are added to your reference period for determining your 5 weeks of annual leave.

Let's take a concrete example: an employee in Panazol, in a production company, earns €2,500 gross per month. He is on paid sick leave for 3 months (i.e., about 65 working days). Without this decision, he would lose the equivalent of 5 days of paid leave per year (because only working days count). With the decision, his 65 days of absence are integrated: he keeps his 25 days of paid leave. That's a saving of 5 days' salary, about €575.

For employers, this decision requires checking the applicable collective agreements and adjusting the calculation of paid leave in case of paid absence. A mistake can be costly: back pay, damages, and even Urssaf penalties.

If you are in this situation, you must ask your employer for a summary of your paid leave rights including all periods of paid absence. In case of refusal, take the matter to the employment tribunal within 3 years of the end of the employment relationship.

Four Tips to Avoid This Type of Dispute

• Keep all your absence certificates: sick leave notes, thermal cure prescriptions, payslips showing salary maintenance. These documents are your best evidence.
• Check your collective agreement: each branch has its own rules. For audiovisual, it is Title II-3 that applies. Ask your HR or a lawyer.
• Calculate your rights each year: add up all periods of paid absence (illness, work accident, maternity, etc.) and check that they are included in the calculation of your paid leave.
• Act quickly: the limitation period is 3 years for wages. If you notice an error, make a written claim with acknowledgment of receipt. If there is no response, consult a lawyer.

Further Reading: Related Case Law and Developments

This decision is part of a protective line. The Court of Cassation has already ruled, in a judgment of 24 February 2004 (No. 01-46.367), that periods of suspension of the employment contract due to non-occupational illness are not treated as actual work for paid leave, unless the collective agreement provides otherwise. Here, the audiovisual collective agreement provides exactly such an exception, which allowed the judges to grant the rights.

Conversely, in a judgment of 13 June 2012 (No. 11-12.889), the Court refused to treat leave for family events (marriage, birth) as actual work for calculating paid leave, in the absence of a contractual provision. The trend is therefore clear: without a text, no assimilation. But as soon as a collective agreement provides for it, the judges apply it strictly.

For the future, employers must be vigilant: any modification of the collective agreement can impact these rights. Employees, for their part, must know their applicable texts.

Frequently Asked Questions

• Can I claim back pay for sick leave absences dating back more than 3 years? No, the limitation period is 3 years from the end of the employment relationship or from the date you became aware of your right. After this period, you can no longer take action.
• Can my employer refuse to include my thermal cures in the calculation of paid leave? No, if the cure is medically prescribed and paid for by the employer (salary maintenance or contractual indemnities). You can take the matter to the employment tribunal.
• What if my employer does not respond to my claim for back pay? Send a registered letter with acknowledgment of receipt. If there is no response within 15 days, consult a lawyer specialising in employment law.
• Does this decision apply to all employees? No, only to those covered by the collective agreement for communication and audiovisual production. Check your agreement with your employer or on the legifrance.gouv.fr website.
• What is the amount of damages for non-compliance? Generally, the employee can obtain back pay for the unpaid leave, plus damages for the harm suffered (e.g., loss of opportunity to take holidays). The amount is assessed by the judge.

Are you in a similar situation? A first 30-minute consultation with Maître Zakine (€45) can save you months of proceedings — and often much more. Book an appointment →