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Dismissal after therapeutic part-time work: how is redundancy pay calculated?

Responsable RH consultant un dossier de licenciement en arrêt maladie

When an employee is dismissed while on sick leave following a period of therapeutic part-time work, the employer must pay particular attention to the method used to calculate the severance pay. An error in the basis of calculation can easily lead to litigation.

In a ruling dated March 5, 2025 (Cass. soc., no. 23-20.172), the French Supreme Court clarifies the applicable terms and conditions. This decision is in line with established case law aimed at neutralizing the effects of health conditions on reference pay.

Neutralization of part-time work and sick leave

Article L. 1132-1 of the French Labor Code prohibits discrimination on the grounds of health. In the case of therapeutic part-time work, remuneration is by definition reduced. The Court ruled that this reduced remuneration could not be used to calculate severance pay.

➡ This principle also applies to the following sick leave: absence from work cannot justify a reduction in compensation.

🔎 To put it plainly: compensation must be calculated on the basis of the full-time salary received prior to the period of part-time work and sick leave.

What the Court said in the March 5, 2025 case

In this case, an employee dismissed for unfitness sought additional compensation, arguing that the calculation used was based on a salary reduced by the fact that she was working part-time.

The Court of Cassation agreed:

  • The reference salary must be determined in accordance with articles L. 1234-9 and R. 1234-4 of the French Labor Code,

  • The calculation must be based on remuneration for the 12 or 3 months preceding the therapeutic adjustment,

  • Part-time work and sick leave must be excluded from the calculation.

Points to watch for employers

  1. Always identify whether therapeutic part-time work has been set up prior to dismissal.
  2. Never use reduced remuneration as a basis for calculation, even if it covers the last 12 or 3 months.
  3. Secure your internal practices (bulletins, endorsements, HR history) to avoid any post-termination disputes.

Our advice

If there is any doubt about the applicable calculation basis, particularly in the case of workstation adjustments or sick leave, it is advisable to carry out an audit of the file before notifying the dismissal.

A discussion with your legal advisor will enable you to adjust the calculation basis and avoid any dispute over the amount paid to the employee.

Reference: Cass. soc., March 5, 2025, no. 23-20.172
Articles: L. 1132-1, L. 1234-9, R. 1234-4 of the Labor Code

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An employee keeps his phone line after he leaves: what can the employer do?

un salarié conserve sa ligne téléphonique

When an employee leaves the company, the return of the equipment provided is not usually a problem. However, there is a real legal risk when an employee keeps the business telephone line, sometimes without the employer’s knowledge.

The French Supreme Court recently issued a useful clarification on this point in a ruling dated February 5, 2025 (no. 22-23.730 F-D).

The case in point: a personally transferred line

A dismissed sales manager returns his work phone… but has the line transferred to his personal name, without authorization. The company, anxious to regain control of this customer communication channel, brought the matter before the summary proceedings judge.

The Court of Appeal, then the Court of Cassation, ruled in favor of the employer:

  • the employee did not provide proof of authorized personal use,

  • the line was underwritten and financed by the company,

  • no benefit in kind or tolerance of private use was established.

The unilateral transfer of the line was considered a fraud on the company’s rights.

A quick recourse: summary proceedings at industrial tribunal level

The Court points out that under article R. 1455-7 of the French Labor Code, a summary proceedings panel may order the performance of an obligation to make restitution, provided that the existence of this obligation is not seriously disputable.

This allows the employer to act without waiting for a judgment on the merits, to protect its commercial interests and limit the risk of misappropriation of customers.

Employers’ key points

  1. Anticipate the return of all work tools when an employee leaves, including intangible assets such as a telephone line.
  2. Check that the line is strictly professional: subscriptions, usage, billing, documentation… everything must show that it belongs to the company.
  3. In case of doubt or unjustified withholding, take your case to the interim relief judge to prevent the former employee from continuing to use the company’s contact facilities on his own account.

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