October 2026 · By Maître Louis LAZARD
Cass. soc. 11 March 2026, no. 24-13.123
Facts
An employee had suffered a commuting accident that led to sick leave. He was later dismissed and disputed the calculation of his statutory severance pay, arguing that the period of leave should count towards his length of service.
The lower courts upheld the employee’s claim and held that the period during which the employment contract was suspended because of the commuting accident should count towards length of service, thereby increasing the amount of severance pay.
The ruling
The Cour de cassation overturns the Court of Appeal’s decision.
It holds that the period during which the employment contract is suspended following leave caused by a commuting accident cannot be taken into account when calculating the length of service used to determine entitlement to statutory severance pay and its amount.
Reminder
Under Article L.1234-9 of the French Labour Code, a dismissed employee is entitled to statutory severance pay, the amount of which depends in particular on their length of service with the company.
Article R.1234-2 of the French Labour Code sets out how this severance pay is calculated.
However, while certain periods of suspension of the employment contract due to a workplace accident or an occupational disease can be treated as actual working time, this is not the case for a commuting accident, which does not benefit from the same protective regime.
Key takeaways
- ✓Sick leave following a commuting accident suspends the employment contract.
- ✓This period does not count towards length of service when calculating statutory severance pay.
- ✓The decision underlines the important distinction between a workplace accident and a commuting accident.
This article provides general information and does not constitute personalised legal advice.
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