A recent decision by the French Supreme Court has changed the position regarding an employee who has been unable to take their annual leave entitlement.
Previously, an employee who brought legal proceedings claiming that their employer had prevented them taking paid annual leave had to prove fault on the part of the employer. However, the latest decision requires employers to demonstrate that they took all necessary measures to allow employees to take their paid leave entitlements. According to the Court an employer must inform employees of their paid leave entitlement at least two months before the beginning of the leave period, confirm leave dates at least one month before commencement, display such information on the company’s premises and ensure that employees take their due eave on schedule (C.Cass 13/06/12, no. 11-10.929).