As a reminder, on September 10, 2025, the Court of Cassation admitted that an employee can be paid for overtime, even if he took paid leave in the same week.

In a judgment of 7 January 2026, the Court extends that case-law to a longer period of work.

This time the case concerns an employee whose working time is calculated on two weeks. He wishes to obtain payment for overtime worked. The Court of Appeal dismissed his application on the ground that he had been partially on leave during the period of work in question. According to the Commission, ‘leave with pay hours could not be taken into account for the purpose of recording overtime’.

The employee appeals in cassation.

The Court of Cassation agrees and confirms its case law of 10 September 2025. Thus, the employee should not be deterred from taking paid leave days. He can therefore collect the overtime increases that he would have received if he had worked all his hours.