A professional evaluation system can be unlawful due to vague and subjective criteria
Cass. soc. October 15, 2025, n°22-20.716

The Court of Appeal noted that, in the context of employee evaluations, overly vague and imprecise notions such as “optimism” or “common sense” did not allow for establishing a direct, sufficient, and necessary link with the employees’ work activities and professional skills. By endorsing these findings, the supreme Court confirms that employee evaluation methods must be based on criteria that are relevant, precise, and objective with regard to professional skills and the purpose pursued.

The employer cannot require employees to disclose their family situation
Cass. soc. December 10, 2025, n°24-17.316

The employer justified the dismissal on the grounds that the employee’s concealment of his marital status could negatively affect the performance of his duties (risk of a conflict of interest due to a dispute between his spouse and the company, loss of trust due to suspicion of sharing confidential information with his spouse, etc.). The Court recalled that an employee is entitled to respect for their private life, even during working hours and at the workplace. Accordingly, the existence of a legal dispute between the parties does not allow the employer, without violating this fundamental right, to compel employees to disclose information regarding their family situation, regardless of any clauses included in the employment contract.

A dismissal founded on information acquired in breach of medical confidentiality is unlawful and void
Cass.soc. December 10, 2025, n°24-15.412

The employer had justified the employee’s dismissal based on information obtained from the employee’s treating physician, which is therefore protected by medical confidentiality. The Court judged that an employer may not, without violating the employee’s right to privacy, contact the treating physician to obtain or use information protected by medical confidentiality. In case of doubt regarding the validity of sick leave, the employer must consult the Social Security Fund (CPAM) or the occupational physician.

Employees may benefit from a new additional birth leave
Social Security Financing Act for 2026, Art. 99, V, 1° to 9°, VI, and X

The 2026 Social Security Financing Act (LFSS) introduces a new additional birth leave, paid by social security, for the benefit of both parents. This leave, with a maximum duration of two months, is available to parents of children born or adopted from January 1, 2026. However, this measure will take effect from July 1, 2026. In addition to the child’s date of birth, employees must meet the following conditions to be eligible: they must have exhausted their entitlement to maternity, paternity, parental or adoption leave; comply with the notice period of between 15 days and 1 month; specify the duration of the leave; and respect the timeframe for taking the leave. It will also be possible to split the leave. Some details will still need to be specified in a forthcoming decree.