TERMS AND CONDITIONS OF THE SICK LEAVE RETURN VISIT

Revisit during sick leave

Decree no. 2024-692 of 5 July 2024 sets out the terms and conditions of the medical examination carried out by the employer at the employee's home or at a location communicated by the employee (provided for in Article L. 1226-1 of the French Labour Code), or by being summoned to the office of the doctor appointed by the employer to carry out the second inspection.

In particular, the employee must now inform the employer "as soon as the work stoppage begins":

-their "place of rest if different from their home".

-as well as the times at which the secondary inspection can take place.

The text also specifies the way in which the doctor appointed by the employer carries out his or her follow-up examination, and his or her obligations once this has been completed.

This decree came into force on 7 July 2024.

Revisit during sick leave

Decree no. 2024-692, 5 July 2024: OJ 6 July 2024, text no. 27

What you also need to know (Revisit during sick leave) :

1.

In the event of sick leave, in order to receive supplementary benefits, the employee must :

-. notify their employer within a reasonable period of time

-Send him form no. 3 of the medical leave issued by the attending physician within 48 hours.

While the employee is off work, the employer must maintain the benefits in kind granted to the employee (e.g. company car). Unless there is a contractual provision to the contrary.

Where the employee's personal accommodation is provided free of charge, it may not be withdrawn or rented during a period when the employment contract is suspended due to illness.

As long as the employer maintains all or part of the employee's remuneration (particularly if it pays supplementary benefits), the employer has the right to have a second opinion carried out at the employee's home (or otherwise) by the doctor of its choice, as soon as the sick leave begins.

In the event of a home visit, the employer does not have to inform the employee of the follow-up visit.

The examining doctor's visit may or may not take place during the employee's authorised time off work. However, if the employee is absent during the authorised time off, the employer is not entitled to suspend the employee's salary (Cass. soc., 26-9-12, n°11-18937).

The examining doctor must inform the employee that he is a medical doctor and that he is acting on behalf of the employer.

2.

During this second inspection, the employee may not demand :

-nor the presence of the attending physician,

-nor that of the Social Security doctor if this presence is not provided for in the collective agreement.

An employee cannot refuse to undergo a second inspection without committing a breach of duty. Failure to do so deprives him of the right to additional compensation.

However, some refusals may be legitimate and not result in the suspension of supplementary allowance payments: 

-the performance of a painful clinical examination if the employee offers the examining doctor access to his medical records and operation reports;

-The fact that the employee has received a notice of unfitness from the occupational physician on this date;
-the fact that the doctor does not disclaim his status as a medical doctor and as the employer's representative.

The employee loses entitlement to additional benefits if :

-. was absent from home and unable to attend the follow-up inspection

-and has not been able, at her employer's request, to justify the reasons for her absence.

For example: rehabilitation sessions with a physiotherapist or a visit to the GP).

If there is no indication on the sick leave form of the times when the employee is authorised to go out, it is presumed that this authorisation was not granted. In this case, the employee's absence from the check-up is unjustified.

3.

It is up to the employer who initiated the check-up to establish that he was unable to arrange for a follow-up examination due to the employee's absence or opposition. The acknowledgement of receipt of a request for a second medical examination and the result of the second examination indicating the date and time of the visit by the examining doctor may be sufficient to establish the employee's absence during the examination (Cass. soc., 5-2-14, n°12-24250).

The employee must notify his employer of his place of rest during the work stoppage if it is outside his usual place of residence. They must also notify their employer if, for example, they are authorised by their doctor to go to the mountains to convalesce.

By not doing so, he does not allow his state of health to be monitored. And his employer is exempt from paying him additional compensation.

However, in the event of sick leave taken abroad, particularly during an employee's holiday period, an employer who is unable to have the check carried out due to the employee's remoteness may not withhold additional benefits.

If it is not possible to carry out an inspection because of the employee's fault but because of the layout of the premises, the employee may not be deprived of his additional compensation (Cass. soc., 3-3-88, no. 85-42433).

4.

If the examining doctor considers that the work stoppage is no longer justified, he will notify the employee and the employer. The employer may then stop payment of supplementary benefits for the future.

An examination that concludes that the sick leave is unjustified or the impossibility of arranging a second examination cannot deprive the employee of additional pay for the period prior to the date of the examination.

A second medical examination does not oblige the employee to return to work, as he or she may follow the prescriptions of the doctor treating him or her (although he or she may continue to receive daily benefits, supplementary benefits will be suspended).

If following the second inspection :

-The employee obtains an extension from his GP,

-He or she is entitled to additional compensation from that date.

However, when a work stoppage prescription is issued following a decision to suspend daily allowances, the resumption of payment of the latter is subject to the opinion of the CPAM medical control department (art. L 323-7 of the Social Security Code).

5.

The Cour de cassation states that if the employee is absent from his home when the inspection is carried out :

-may result in the loss of the right to additional compensation,

-it cannot, in itself, constitute grounds for dismissal (Cass. soc., 4-6-02, n°00-40894).

Furthermore, an employee's refusal to undergo a second inspection cannot justify a penalty.

The employer's examining doctor must :

-when he considers that the work stoppage is no longer justified,

-forward its opinion to the CPAM medical control department. 

The CPAM can then decide whether or not to suspend the payment of daily social security benefits (art. L 315-1 of the Social Security Code).

If the CPAM medical service decides to suspend daily allowances, the employee must be informed and has 10 days from notification of the decision to suspend daily allowances to ask the CPAM to re-examine his situation (art. D 315-4 of the Social Security Code). The CPAM medical officer has 4 days to make a decision.

If it confirms the opinion of the doctor appointed by the employer, the health insurance fund will send the employee a letter specifying the appeal procedures. If, on the other hand, the CPAM considers the stoppage to be justified, the fund will reinstate the payment of daily benefits retroactively.

If the employee wishes to contest the result of the employer's second inspection, he should refer the matter to the CPH to obtain the appointment of a legal expert.