Articles 65 and 69 of the agreement

Reference decision: cc • No. 89-42.871 • 1993-06-09 • View decision →

This decision provides important clarification on your property law. Here is what it changes for you.

The situation

Articles 65 and 69 of the national collective agreement for banks do not make the granting of the benefits they provide, in the event of prolonged illness or maternity, conditional on an actual return to work at the end of a sabbatical leave. Consequently, the employee who, due to her illness and pregnancy, was unable to resume work on the date agreed with her employer at the expiry of her sabbatical leave, benefits from these advantages.

What the law says

This decision confirms the fundamental principles of property law.

Key points to remember

Scrupulously respect the legal deadlines for appeals
Keep all your supporting documents (titles, deeds, correspondence)
Anticipate: preventive advice always costs less than litigation

For an analysis of your situation: 30-minute consultation at €45 with Maître Zakine.

📌 Does this apply to your situation? Maître Cécile Zakine, French real estate lawyer, practises throughout France.
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Practical use cases

Landlord faces tenant's prolonged illness

A landlord in Lyon rents an apartment to a tenant who, after a sabbatical leave, becomes seriously ill and cannot return to work. The tenant requests continued benefits from his employer, which the landlord initially disputes, believing the sabbatical leave ends the obligation.

Practical application:

The case law clarifies that benefits for prolonged illness are not conditional on returning to work after sabbatical leave. The landlord should not interfere with the tenant's benefits and should respect the tenant's rights. The landlord must ensure the lease complies with health-related protections and avoid eviction based on illness.

First-time buyer checks employment contract

A first-time buyer in Paris is applying for a mortgage and her employment contract includes a sabbatical leave clause. She becomes pregnant and falls ill, unable to return to work as planned, potentially affecting her income and loan approval.

Practical application:

This case law confirms that her benefits for maternity and illness continue despite not returning to work after sabbatical leave. She should present this ruling to her bank to prove her income stability. She should also keep medical certificates and employer communications as proof of entitlement.

Co-owner disputes common area access

A co-owner in Marseille is unable to use the building's common laundry room due to a prolonged illness. The co-ownership association claims her rights are suspended because she did not return from sabbatical leave as scheduled.

Practical application:

The ruling establishes that illness benefits and related rights are not conditional on returning to work after sabbatical leave. The co-owner should assert her right to access common areas and request that the association apply the same principle. She should provide medical documentation and cite this case to support her claim.

Articles 65 and 69 of the agreement

The situation

What the law says

Key points to remember

Legal information

Source

Keywords

Practical use cases

Landlord faces tenant's prolonged illness

First-time buyer checks employment contract

Co-owner disputes common area access

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Maître Zakine, Doctor of Law