Any employee who is off work due to illness or accident may, under certain conditions, receive additional compensation from the employer on top of the social security indemnities providing they have been with the company for one year. (c. trav. art. L. 1226-1 and D. 1226-1).
However, the employer may also request a second medical examination. The purpose of this second check-up is to verify the employee’s state of health and the justification for the sick leave.
The law already allowed the employer to request a second medical examination. But no decree had ever been published. Only case law provided a framework for its implementation.
This has been clarified!
https://www.legifrance.gouv.fr/jorf/id/JORFTEXT000049888878Decree 2024-692 of 05/07/2024 now sets out the terms and conditions for the application of the medical countercheck.
The Labor Code (art. R.1226-10 to R.1226-12) states that :
Employees must inform their employer where they are staying, if it is different from their home. This must be done at the beginning and during the period of the sick leave if there is any change;
When the sick leave certificate mentions “unrestricted hours”, the employee must specify the times she/he will be available for the medical checkup;
The follow-up examination may be carried out at any time during the period of sick leave.
What is the function of the medical visit ?
The doctor will:
- choose the employee’s home address or an appointment at his office;
- determine whether the sick leave is justified and decides on its duration;
- inform the employer whether the time off work is justified or unjustified;
- notify the employer if the inspection is impossible due to the employee’s refusal or absence;
- send its report to the medical control department of the Social Security within 48 hours (c. séc. soc. art. L. 315-1). ;
The employer will:
- communicate this information to the employee;
- decide to suspend payment of compensation, if this is justified.
All in all, there’s nothing really new, but the legal framework is reassuring.
