Can the employer require proof from the employee for a day's absence?

Verified 01 April 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, the employer shall be entitled to require the employee to produce evidence if he is absent from work, even for a single day.

Any absence must be justified, regardless of the duration and the reason.


some company agreements or collective agreements allow an employee to take a limited number of days off during the year without having to provide proof.

If your absence is not justified, you are at fault with your employer.

This fault may result in a disciplinary sanction (warning, reprimand or even dismissal for repeated unjustified absences).

It is subject to disciplinary proceedings. The employer must summon you for a pre-sanction interview and then inform you of its decision and the possible sanction by registered letter with acknowledgement of receipt.

In case of absence (interruption of work), you must notify, by any means (telephone call, mail, sms,...), your employer or the Human Resources Directorate within 48 hours of your absence.

The interruption of work can be justified by exceptional leave (death, illness of your child), validated by your employer, or by an illness.


If you wish to take paid leave, you must obtain prior authorization from your employer.

If you don't have permission, you risk a penalty (warning or dismissal for misconduct).

Depending on the company rules and regulations regulations (e.g., in the case of an employer), the employer's authorization may be express (i.e., in writing) or tacit (i.e., without an explicit agreement).

If there are no rules in the company, the judges consider that the absence of authorization constitutes the employer's agreement.

The sending of these documents is mandatory to collect, if you are entitled, the allowances paid by CPAM or MSA and the possible maintenance of wages by your employer.

In the absence of justification or leave, the employer may also deduct the salary corresponding to the day not worked (leave without pay).

If you are sick, you must send your sick leave (slip 1 and 2) to your Social Security organization (the CPAM: titleContentor the MSA: titleContent) and slip 3 to your employer.

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