D6c6 - Does an employee on a progressive return to work for therapeutic reasons retain full entitlement to their statutory leave ?

An employee on a progressive return to work for therapeutic reasons is considered to be totally unable to work during the relevant period.

Yet absences due to illness or accident are treated as days of actual work.

Therefore, incapacity for work resulting from a progressive return to work for therapeutic reasons entitles the employee to statutory leave.

As a result, an employee on a progressive return to work for therapeutic reasons is entitled to their full annual statutory leave, namely 26 working days.

However, a period of statutory leave taken during incapacity for work is considered as a return to work.

Indeed, any interruption of the incapacity for work may terminate the progressive return to work arrangement.

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