Carried-Over Holiday Pay: Employer Must Prove Its Diligence (Cass., 13 Nov. 2025)

Imagine: you are an employee in Sablé-sur-Sarthe, in a small service company. You accumulate paid leave days, but your schedule keeps being disrupted. One day, your employer tells you that part of your leave is lost because the deadline to take it has passed. You wonder if this is legal. This decision of the French Supreme Court of 13 November 2025 answers precisely this question: when the carry-over period for paid leave coincides with a worked period, the employer cannot invoke the extinction of your rights without proving that it did what was necessary to allow you to exercise them.

What does this decision concretely mean for employers and employees, particularly within the jurisdiction of the Court of Appeal of Le Mans, which covers Sablé-sur-Sarthe and Changé? The ruling n°24-14.084 reminds us of an essential obligation: the employer must actively ensure that the employee can take their leave. It is not enough to say "the deadline has passed"; the employer must demonstrate that it has fulfilled its duty to inform and effectively implement the right to rest.

This article breaks down this decision, its practical implications, and gives you tips to avoid disputes. Whether you are an employer or an employee, the rules of the game are now clearer – and more demanding for the employer.

The facts: a story like any other

The case concerns an employee, whom we will call Mr. Dupont, employed in a company based in Changé, near Le Mans. He has worked for several years and benefits from paid leave days acquired in respect of the previous reference year. Like many, he could not take all his leave within the allotted time, particularly due to operational constraints. The employer offers him a carry-over to the following period, in accordance with the applicable collective agreement.

The problem arises when the carry-over period expires. The employee is then in an active work period, but the employer refuses him the taking of this leave, considering that the rights are lost. Mr. Dupont contests and seizes the industrial tribunal (conseil de prud'hommes) of Le Mans. He claims payment for thirteen days of unpaid leave, i.e., approximately 1,500 euros, based on a net monthly salary of 2,200 euros.

The industrial tribunal rules in favour of the employee. The employer appeals to the Court of Appeal of Angers, which upholds the decision. The case then goes to the Supreme Court. The employer argues that the employee should have taken his leave within the deadline, and failing that, the rights are extinguished. But the Supreme Court, in its ruling of 13 November 2025, dismisses the appeal: the employer cannot invoke the extinction of rights if it has not justified having carried out the necessary steps to enable the employee to effectively exercise his right to leave.

The reasoning of the court — broken down

The Supreme Court relies on European and national law. It recalls that the right to paid leave is a fundamental principle of social law, guaranteed by Article L.3141-1 of the French Labour Code. But above all, it relies on the case law of the Court of Justice of the European Union (CJEU), which imposes on the employer a proactive obligation: it must inform and invite the employee to take his leave, and in the event of a carry-over, ensure that the employee can actually take it before the expiry of the period.

In this case, the carry-over period coincided with a working period. However, the employer did not demonstrate that it had taken concrete measures: no written notice, no planning, no proof of having offered dates. It simply noted that the deadline had passed and refused payment. The Court considers that this attitude does not respect the employer's obligation to guarantee the effectiveness of the right to rest.

This decision confirms a recent jurisprudential trend: French judges are aligning their interpretation with European law, which requires enhanced protection of the employee. It is not a reversal, but an important clarification. The trial judges already had this obligation, but the Supreme Court forcefully reminds us: the employer must prove that it did what was necessary. In the absence of such proof, the employee retains his leave rights, even after the expiry of the carry-over period.

What this changes for you — concretely

For employers: this decision requires you to put in place traceability of your steps. You must prove that you informed each employee of their leave rights, that you offered them dates, and that you adjusted the schedule to allow the taking of leave before the expiry of the carry-over period. If you do not do so, you risk having to pay for untaken leave, even after the deadline. Example: an employee in Changé, an accountant in a firm, did not take his 10 carry-over days because his employer never mentioned the subject. The employer will have to pay him, i.e., about 1,000 euros.

For employees: you can now require your employer to justify its efforts. If you are refused payment for untaken leave after the carry-over period, ask your employer to prove that it enabled you to take it. If it cannot, you are entitled to compensation. Do not hesitate to keep your own evidence (emails, schedules, testimonies).

For real estate professionals: if you employ staff (estate agency, management company, etc.), this decision directly concerns you. Ensure that your HR procedures include tracking of carried-over leave and written reminders. A mistake can cost you several thousand euros.

Four tips to avoid this type of dispute

• Send a letter or email reminder to each employee whose carried-over leave is approaching expiry, proposing specific dates. Keep a copy of this communication.
• Plan the carried-over leave at the beginning of the carry-over period, in consultation with the employee. Do not wait until the last moment.
• Document any refusals by the employee: if the employee refuses the proposed dates, do so in writing. This will protect you in case of a dispute.
• Train your HR managers on European obligations. Case law is evolving quickly, and ignorance of the rules can have serious financial consequences.

Further reading: related case law and developments

This decision follows in the wake of the CJEU ruling of 6 November 2018 (Case C-684/16, Max-Planck-Gesellschaft), which established the principle that the employer must actively encourage the employee to take his leave. The Supreme Court had already initiated this shift in a ruling of 21 September 2022 (n°21-14.543). Now, the trend is clear: the employer cannot hide behind the passage of the carry-over period if it has not acted.

In the future, we can expect judges to require increasingly concrete evidence: not only general information, but individualised proposals. Employers who do not keep a register of their steps expose themselves to systematic convictions.

Frequently asked questions

1. Can my employer refuse to pay me for my carried-over leave if the deadline has passed?
No, if it cannot prove that it enabled you to take it. Since this decision, the employer must demonstrate its diligence.

2. What should I do if my employer does not offer me dates for my carried-over leave?
Send him an email reminding him of your rights and requesting planning. Keep a written record. If nothing happens, consult a lawyer.

3. What is the time limit for taking legal action?
You have 3 years from the end of the carry-over period to claim payment for untaken leave.

4. Does this decision apply to small businesses?
Yes, all businesses are concerned, regardless of size. The duty of diligence is the same.

5. Can I be penalised if I refuse to take my leave?
Yes, if the employer has fulfilled its duty to propose and you refuse without a valid reason, you may lose your rights. But it is up to the employer to prove that it proposed.

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