In a ruling on 17 June 2026 (Cass. soc., no. 25-12.181), the French Supreme Court held that offering an employee a mutually agreed termination (rupture conventionnelle) during sick leave does not, in itself, suggest health-based discrimination.
In this case, an employee who had taken repeated periods of sick leave was offered a mutually agreed termination several times by the employer and was then dismissed due to prolonged absence which disrupted the company’s business. However, the Court of Appeal treated these offers as raising a presumption of health-based discrimination, deeming the dismissal null and void.
However, the French Supreme Court overturned this decision, ruling that an employee must first provide evidence of discrimination, and that the mere offer of a mutually agreed termination during sick leave does not constitute such evidence. A mutually agreed termination remains valid during sick leave in the absence of fraud or defective consent.
Key takeaway for employers: a mutually agreed termination can be proposed to an employee on sick leave without risking a termination that is subsequently deemed invalid or a finding of discrimination.
Cass. soc., 17 June 2026, no. 25-12.181
