Le lien vers cette page a été envoyé avec succès aux destinataires.
Sick leave: resumption of the employee's work
Verified 01 January 2024 - Legal and Administrative Information Directorate (Prime Minister)
Accident at work Situation during which the payment of wages by the employer and the performance of work by the employee cease temporarily (e.g. exercise of the right to strike, jury duty, sickness or taking leave, maternity, paternity, adoption or parental leave, sabbatical leave, temporary closure of the company, lay-off)
Wondering how your return to work will be carried out following your sick leave? Do you want to know whether or not you will be subjected to a medical examination, whether the occupational doctor will allow you to benefit from a fitting-out of your workstation, an adjustment of your working time for therapeutic reasons, a reclassification? Information differs depending on how long you have been sick. We'll let you know what you need to know.
What applies to you ?
Veuillez patienter pendant le chargement de la page
Attention: this sheet presents only the case of a sick leave having started as of 1er april 2022.
Shutdown less than 60 days
For stops more than 30 days, a liaison appointment may be set up between the employee and the employer involving the occupational health and prevention service.
The purpose of this interview is to anticipate the conditions under which you may or may not resume your work and to inform you about the following:
- Pre-restart visit
- Arrangements for your position and working time
However, the law does not impose a time limit for carrying out this liaison appointment.
The return-to-work medical check-up is mandatory if you were off work for one of the following reasons:
- Accident at work with a minimum of 30 days' withdrawal
- Occupational disease (regardless of duration)
FYI
the return-to-work medical check-up is also mandatory if you are returning from maternity leave.
It must take place, at the initiative of your employer, no later than 8 days after your return to work.
It takes place in front of the occupational doctor on which your company depends.
The purpose of the return to work visit shall be to:
- Check that you are fit to return to work
- Check whether your workstation (or, if so, the reclassification station to which you are assigned) is compatible with your health
- Examine the proposals for fitting-out, adaptation of the position or reclassification made by your employer following the recommendations made by the occupational doctor
- Study the layout, adaptation of your position or your reclassification
- If necessary, issue a notice of unfitness
The return to work visit shall take place during working hours.
Your absence is remunerated under the usual conditions, i.e. as actual working time.
If the return to work visit cannot take place during working hours (e.g. in the case of night work), the time required for the medical examinations shall then be paid as actual working time.
Your employer and the occupational doctor may ask you to provide a medical certificate of consolidation drawn up by your attending doctor.
For work stoppages due to illness or accident non-professionalHowever, you do not need to have a repeat medical examination.
This way, you will return to work under the usual conditions (i.e. the same conditions as before your stop: same position, same salary).
Please note
the suspension of your contract ends on work stoppage expiration date which has been prescribed for you by your doctor. It is not the medical check-up that ends the suspension of your employment contract.
Conditions
You may be allowed to resume part-time work for therapeutic reasons.
Part-time work is recommended by your treating doctor before recovery if you are in any of the following situations:
- Retention at work, resumption of work and work performed are recognized by your doctor as being of such a nature as to promote the improvement of your health
- You must undergo rehabilitation or vocational rehabilitation to find a job that is compatible with your health
Please note
the introduction of therapeutic part-time is not necessarily consecutive to the period of absence from work. Indeed, it is possible to resume full-time work and then, if necessary, you can see the doctor at work to ask for your work to be done part-time.
Approach
Before resuming work, your treating doctor will prescribe a part-time return for therapeutic reasons.
You then send this prescription to your social security organization: the CPAM: titleContent or the MSA: titleContent (Streams 1 and 2) and your employer (Stream 3).
The employer organizes a return visit with the occupational doctor.
If he obtains the favorable opinion of the occupational physician, while respecting the required recommendations (recommendations), the employer must subsequently draw up a certificate in which he gives his agreement in principle to your takeover.
You must agree with your employer on the allocation of hours of work and the remuneration paid.
The medical officer of the CPAM gives a favorable or unfavorable opinion on the payment of daily allowances (IJ).
Remuneration
During your therapeutic part-time, you receive your salary. The amount is calculated according to your working hours.
You can also benefit from IJs paid by the social security. They are paid for a maximum of 4 years. Their amount is calculated according to the following rules.
Per diems (IJ) are equal to 50% the basic daily wage.
If you are paid monthly, your basic daily wage is equal to the total of the last 3 gross wages received before the work stoppage, divided by 91.25.
Example :
If you received a gross salary of €2,000 per month during the 3 months prior to your work stoppage, you will be able to obtain YIs based on the following calculation:
- Gross salary for the last 3 months = 6,000 (2,000 x 3)
- Basic daily wage = €65.75 (6,000 / 91.25)
- IJ = €32.87 (€65.75 (basic daily wage) x 50%)
IJs cannot exceed €52.28 raw.
Your salary, taken into account to calculate your basic daily gain, is capped at 1.8 times the amount of the Smic in force, on the last day of the month preceding the stoppage (either €3,180.45 per month in 2024).
If you are earning a higher salary, your IJ will be calculated as follows:
- Basic daily wage = €104.56 [(€3,180.45 (x 3) / 91.25]
- IJ = €52.28 (104.56 x 50%)
Their amount cannot exceed the loss of daily earnings linked to the reduction of your working time.
Shutdown for more than 60 days
For stops longer than 30 days, a liaison appointment may be set up between the employee and the employer involving the occupational health and prevention service.
The purpose of this interview is to anticipate the conditions under which you may or may not resume your work and to inform you about the following:
- Pre-restart visit
- Arrangements for your position and working time
However, the law does not impose a time limit for carrying out this liaison appointment.
You are invited to appear before the Prevention and Occupational Health Service (OSH).
The purpose of this visit is to help you stay employed at the end of your stop.
During this visit, the occupational physician may recommend the following measures:
- Adjustments and adaptations of your workstation
- Reclassification recommendations
- Vocational training to be organized to facilitate your reclassification or career transition
This visit taking place before the end of your work stoppage, a return to work visit will be conducted following your shutdown.
You have to spend a return to work visit.
It must take place, within 8 days of your return to work.
It takes place in front of the occupational doctor on which your company depends.
The purpose of the return to work visit shall be to:
- Check that you are fit to return to work
- Check whether your workstation (or, if so, the reclassification station to which you are assigned) is compatible with your health
- Examine the proposals for fitting-out, adaptation of the position or reclassification made by your employer following the recommendations made by the occupational doctor
- Study the layout, adaptation of your position or your reclassification
- If necessary, issue a notice of unfitness
The return to work visit takes place during working hours.
Your absence is remunerated under the usual conditions, i.e. as actual working time.
If the return to work visit cannot take place during working hours (e.g. in the case of night work), the time required for the medical examinations shall then be paid as actual working time.
When you return to the company, you resume your previous job.
However, if the job is no longer available, then you must be reinstated in a similar job (for example, with the same qualification or hierarchical level), with an equivalent remuneration.
The occupational physician may request adjustments to your station.
Please note
the suspension of your employment contract ends on the date of the return to work visit. If the medical examination for resumption of work does not take place on the same day as the resumption of work, the contract shall remain suspended until the medical examination for resumption of work.
For example, if you return to work on the 1er July 2023, but your return visit is not until July 5, 2023, your employment contract remains suspended until July 5.
Conditions
You may be allowed to resume part-time work for therapeutic reasons.
Part-time work is recommended by your treating doctor before recovery if you are in any of the following situations:
- Retention at work, resumption of work and work performed are recognized by your doctor as being of such a nature as to promote the improvement of your health
- You must undergo rehabilitation or vocational rehabilitation to find a job that is compatible with your health
Please note
the introduction of therapeutic part-time is not necessarily consecutive to the period of absence from work. Indeed, it is possible to resume full-time work and then, if necessary, you can see the doctor at work to ask for your work to be done part-time.
Approach
Before resuming work, your treating doctor will prescribe a part-time return for therapeutic reasons.
You then send this prescription to your social security organization: the CPAM: titleContent or the MSA: titleContent (Streams 1 and 2) and your employer (Stream 3).
The employer organizes a return visit with the occupational doctor.
If he obtains the favorable opinion of the occupational physician, while respecting the required recommendations (recommendations), the employer must subsequently draw up a certificate in which he gives his agreement in principle to your takeover.
You must agree with your employer on the allocation of hours of work and the remuneration paid.
The medical officer of the CPAM gives a favorable or unfavorable opinion on the payment of daily allowances (IJ).
Remuneration
During your therapeutic part-time, you receive your salary. The amount is calculated according to your working hours.
You can also benefit from IJs paid by the social security. They are paid for a maximum of 4 years. Their amount is calculated according to the following rules.
Per diems (IJ) are equal to 50% the basic daily wage.
If you are paid monthly, your basic daily wage is equal to the total of the last 3 gross wages received before the work stoppage, divided by 91.25.
Example :
If you received a gross salary of €2,000 per month during the 3 months prior to your work stoppage, you will be able to obtain YIs based on the following calculation:
- Gross salary for the last 3 months = 6,000 (2,000 x 3)
- Basic daily wage = €65.75 (6,000 / 91.25)
- IJ = €32.87 (€65.75 (basic daily wage) x 50%)
IJs cannot exceed €52.28 raw.
Your salary, taken into account to calculate your basic daily gain, is capped at 1.8 times the amount of the Smic in force, on the last day of the month preceding the stoppage (either €3,180.45 per month in 2024).
If you are earning a higher salary, your IJ will be calculated as follows:
- Basic daily wage = €104.56 [(€3,180.45 (x 3) / 91.25]
- IJ = €52.28 (104.56 x 50%)
Their amount cannot exceed the loss of daily earnings linked to the reduction of your working time.
Who can help me?
Find who can answer your questions in your region
If you are dependent on the general diet
Primary health insurance fund (CPAM)If you are dependent on the farm plan
Mutual Social Agricultural Organization (MSA)
Entitlement to daily allowances in the case of therapeutic part-time work
Calculation and duration of payment of daily subsistence allowances in the case of therapeutic part-time
Pre-recovery and return to work visits
Visits at the request of the employer, the worker or the occupational doctor
Conduct of the medical examination