Right to disconnect
Sick leave, professional tools and CFE-CGC support
What the Court of Cassation says
In a decision dated 25 March 2026, the Court of Cassation ruled on a case involving an agency manager, with executive status, who was on sick leave.
The employee had continued to work on certain matters: monthly closings, contract signatures and bonus arbitration. After being dismissed for incapacity, he claimed damages for violation of his right to disconnect.
The decision
The Court of Cassation rejected his claim.
No evidence showed that he was required to process the emails received. Most of the messages were automatic notifications and the employee had connected spontaneously, without constraint or request from the employer.
What to remember
The right to disconnect remains fully valid, but it must be possible to prove a request or pressure from the employer.
In practice, during sick leave
Do not connect to professional tools.
Keep records of any message received requiring a response or action.
Document any pressure, even implicit, so that you can be supported effectively.
Are you an executive and is your job under threat?
Have you received a departure proposal? Do not remain alone.
CFE-CGC provides access to its specialised legal service to support you.
- Analyse your situation.
- Negotiate the best departure conditions.
- Prepare the next stage of your professional path.
Do you have a question for the CSE?
CFE-CGC can act as your spokesperson.
Your request will be analysed and brought to the relevant CSE in complete confidentiality.