France clarifies employee rights on resignation during sick leave and dismissal notice procedures

French labour law permits an employee to resign while on sick leave, but the contract is suspended and the resignation must be expressed clearly. Notice periods generally continue during ordinary illness, while they are suspended for work‑related accidents or occupational diseases. Proper notification—such as a registered letter or an email with receipt acknowledgment—is essential to protect rights to unemployment benefits and continuation of daily sickness allowances.

In dismissal cases, procedural defects can jeopardise the legality of the termination. Errors include an invalid signature on the dismissal letter due to lack of delegated authority, miscalculating the notice period, overlooking the applicable collective bargaining agreement, or delaying action on alleged serious misconduct. Such mistakes may lead courts to reclassify the termination, affecting both employer liabilities and employee entitlements.