Can an employee return to work before the end of his sick leave?

Verified 25 January 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, the end date of your sick leave can be brought forward if a doctor authorizes it during a consultation planned or requested by you.

In principle, this is the doctor who filled out your sickness certificate. He's not the occupational doctor.

If you return to work early, you must notify your employer so that the latter organizes your return to work. The organization of a return visit to the occupational physician is compulsory in the following 2 cases:

  • Sick leave is at least 30 days and started before 1er april 2022
  • Sick leave lasts for more than 60 days and started on 1er april 2022

In addition, you must inform your social security organization (CPAM: titleContent, MSA: titleContent,...) by e-mail or by telephone as soon as possible to suspend the payment of daily sickness benefits (IJ).

If it was the employer who directly collected the IJs and maintained your salary during the shutdown, it is up to them inform the social security organization of your early recovery. If they do not do so, out of forgetfulness, and they continue to collect JIs, your employer may be financially penalized and have to return the overpayments.

Your social security organization can recover amounts that should not have been paid because of your early take-back.

If you have been replaced, as an employee on sick leave, you have the right to recover your position.

Please note

If your replacement was made through a  CSD: titleContent or a temporary employment contract, which usually includes an end date of the contract on the day of your actual takeover.

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