Sick leave: what we have the right to do or not: Femme Actuelle Le MAG

During sick leave, you have the right to maintain your salary according to the conditions set by law and by your employment contract. At the same time, you must notify your employer of your absence in a timely and appropriate manner, often by providing a medical certificate, you have 48 hours maximum to send it to him and to Social Security). You must also follow the doctor’s instructions for your recovery and avoid activities that could compromise your recovery.

I do not need a medical certificate for a single day of absence

Fake. Unless there is a company agreement, the employer is entitled to require proof from the employee if he or she is absent from work, even for a single day. Any absence must be justifiedwhatever the duration and reason.

I can not work

True and false. While on sick leave, you must refrain from carrying out any activity not authorized by the doctor. If you hold several jobs of different types, the doctor may authorize some compatible with your state of health.

To know : the doctor’s agreement also applies to unpaid activities (volunteering, union membership, etc.)

I have the right to do sports during my break

True and false. Only if the doctor has authorized you to do so. He must, on the certificate, specify the nature of the sporting activity with the words “authorized activity“and check the box”authorized exits” Or “unrestricted outings“.”It is essential to respect the doctor’s prescriptions and ensure that they are correctly reported on sick leave so as not to risk losing your daily allowances in case of control”specifies Johan Zenou, lawyer at the Paris Bar.

To know : the employer cannot sanction an employee for practicing unauthorized activity during sick leave unless this causes him harm (worsening your condition, etc.) (Court of Cassation February 1, 2023).

I continue to acquire paid leave in my absence

TRUE. Until now, according to the Labor Code, the employee does not acquire paid leave when he is on leave for non-occupational illness unless in the event of a more favorable collective agreement. On his return, he benefits from previously acquired leave. However, a decision of the Court of Cassation of September 13, 2023 deemed this rule contrary to European law and considers that all absences due to illness, even not linked to a work accident or an occupational illness, are assimilated to a period of work. number giving right to the acquisition of paid leave. This position has since been followed by numerous Courts of Appeal.

I can take training

TRUE. On condition of collecting the agreement of your doctor and your primary health insurance fund. This faculty is, however, limited to training aimed at achieving a professional objective or with a view to learning, skills assessments or validation of acquired experience. These can also be actions in which your CPAM participates.

To know : the employee on leave can also test whether he is fit to return to work as part of a supervised trial in agreement with the doctor and Social Security for a maximum duration of 14 days.

What should I do if health insurance questions the merits of my termination?

“You can contact the mediator of Health Insurance which will freeze the limitation periods while awaiting its response. At the same time, refer the matter to the amicable appeal committee before referring the matter to the social court.“, advises Master Zenou.