Suspension and refusal of placement on sick leave

Council of State ruling Clarifies Sick Leave Rights for Suspended Healthcare Workers

A recent decision by the Council of State, France’s highest administrative court, has clarified the eligibility of hospital contract employees for sick leave while suspended for non-compliance with mandatory vaccination policies. Ruling No. 495290, issued on December 17, 2025, establishes that employees suspended under the August 5, 2021 law concerning the management of the health crisis are not entitled to sick leave benefits with continued pay during their suspension period.

The core of the Council of State’s reasoning centers on the fundamental purpose of sick leave. Traditionally, sick leave serves as a financial safety net, compensating employees for lost wages due to a medical inability to work. However, the court determined that extending sick leave benefits to a suspended employee would result in a paradoxical outcome: receiving greater financial compensation than if they had remained employed and healthy.

Specifically, the ruling emphasizes that an employee already experiencing a loss of income due to suspension for failing to meet vaccination requirements cannot simultaneously claim compensation for lost wages through sick leave.Granting such benefits would effectively provide a financial advantage stemming from illness, contradicting the intended function of the sick leave system.

This decision underscores the legal justification for refusing placement on sick leave in cases of suspension related to vaccination status.The Council of State’s judgment, delivered by the 5th and 6th united chambers, provides a definitive interpretation of the law and offers guidance to healthcare institutions navigating these complex situations. It reinforces the principle that sick leave is designed to address wage loss resulting from medical incapacity, not to offset financial consequences arising from disciplinary measures or non-compliance with public health mandates.

Reference: Council of State, 5^e – 6^e united chambers, December 17, 2025, no. 495290.