Sick leave: steps to be taken for the employee
Verified 07 July 2022 - Directorate for Legal and Administrative Information (Prime Minister)
If you become ill, you must inform your employer as soon as possible and justify your condition with a medical certificate (established by your attending doctor). Therefore, you must send him the slip 3 of this medical certificate. In case of an extension, you must do the same.
Initial shutdown
When your health condition does not allow you to work, you must notify your employer as soon as possible, by all means: either orally (telephone) or in writing (mail, SMS,...).
If your collective agreement or company agreement does not set a time limit, it is customary that this information be given to the employer within 48 hours after the start your stop.
You must justify this information by sending to your employer the slip 3 of the medical certificate drawn up by your attending physician specifying the dates and reasons for the work stoppage. You must send leaflets n°1 and n°2 to your Social Security organization (CPAM: titleContent or MSA: titleContent).
Répondez aux questions successives et les réponses s’afficheront automatiquement
You depend on CPAM
You depend on the MSA
This approach allows you to perceive social security benefits, and if you are entitled to them, benefits from your employer.
If you fail to comply with this obligation to provide information and information to your employer, you are putting yourself at fault. You may then face disciplinary action up to and including termination of employment, as the unjustified absence may be a real and serious cause of termination.
If you send the stop outside the deadline, the CPAM informs you of the delay and specifies that you risk a financial withholding in case of a new late shipment within 2 years.
This retention is fixed to 50% the amount of your daily allowances.
It shall apply only for the period between the date of limitation of the judgment and the date of dispatch.
However, the withholding tax is not applicable if you prove that you are hospitalized or that it is impossible to transmit the stop within 2 days.
During the work stoppage, you must meet the following obligations:
- Follow your doctor’s instructions
- Submit to medical checks organized by the employer and/or the Social Security
- Comply with the exit ban or authorized departure times
- Abstain from any activity, unless authorized by your treating doctor
If you do not comply with these obligations, the payment of daily allowances is suspended.
In addition, if you engage in gainful activity that is not authorized by your treating physician, you are subject to a financial penalty.
Extension
If your initial discontinuation is prolonged, you must keep your employer informed of the progress of your illness. You must send them the documents concerning your possible extension of the work stoppage.
The practice is to notify your employer within a period of 48 hours following the extension. Information can be provided by any means: either orally (telephone for example) or in writing (mail, SMS, etc.).
You must send sheets 1 and 2 of the certificate of extension to the CPAM: titleContent or to the MSA: titleContent and slip 3 to your employer.
Répondez aux questions successives et les réponses s’afficheront automatiquement
You depend on CPAM
You depend on the MSA
If you fail to comply with this obligation to provide information and information to your employer, you are putting yourself at fault. You may then face disciplinary action up to and including termination of employment, as the unjustified absence may be a real and serious cause of termination.
If you send the stop outside the deadline, the CPAM informs you of the delay and specifies that you risk a financial withholding in case of a new late shipment within 2 years.
This retention is fixed to 50% the amount of your daily allowances.
It shall apply only for the period between the date of limitation of the judgment and the date of dispatch.
However, the withholding tax is not applicable if you prove that you are hospitalized or that it is impossible to transmit the stop within 2 days.
During the work stoppage, you must meet the following obligations:
- Follow your doctor’s instructions
- Submit to medical checks organized by the employer and/or the Social Security
- Comply with the exit ban or authorized departure times
- Abstain from any activity, unless authorized by your treating doctor
If you do not comply with these obligations, the payment of daily allowances is suspended.
In addition, if you engage in gainful activity that is not authorized by your treating physician, you are subject to a financial penalty.
Who can help me?
Find who can answer your questions in your region
For information about your social security benefit or medical checks
Primary health insurance fund (CPAM)If you're under the farm plan
Mutual Social Agricultural Organization (MSA)For information about your work stoppage or extension
Doctor
Obligations of the employee: Article L323-6
Extension of the judgment (conditions for maintaining compensation): Article L162-4-4
Initial judgment and extension (procedure to be followed): Rule R321-2
Sending the work stoppage out of time: Article D323-2
Extension of the judgment (conditions for maintaining compensation): Article R162-1-9-1
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National Health Insurance Fund (Cnam)
National Health Insurance Fund (Cnam)