French court rules on email harassment during leave

The French Supreme Court recently clarified that receiving numerous emails from an employer during sick leave or vacation can be considered harassment. This ruling came in response to a case involving a former sales manager who worked for Packmat system before her contract was suspended in late 2019.

Employee’s medical leave and dismissal

The employee, referred to as Ms. [M], took multiple sick leaves for anxiety and depressive disorders starting in January 2021. An occupational physician declared her totally unfit for work in September 2021, and she was fired in October of the same year.

Court’s initial dismissal of harassment claim

The Court of Appeal in Chambéry initially dismissed Ms. [M]’s claim of harassment, arguing that the 279 emails she received were similar and did not constitute repeated actions as required by law. The court believed this similarity meant they could not be considered harassment.

Supreme Court overturns part of the decision

The French Supreme Court partially overturned this decision in October 2026, stating that repeated acts do not need to be different to be considered harassment. The court emphasized that a large number of emails discussing the same topic should not be automatically dismissed and must be evaluated alongside medical certificates.

Case sent back for new ruling

The Supreme Court did not rule definitively that the 279 emails proved harassment but sent the case back to the Court of Appeal in Grenoble for a new ruling on damages. Meanwhile, Packmat system was ordered to pay 3,000 euros to Ms. [M] for legal costs.