Sick leave: steps to be taken by the employee
Verified 10 November 2023 - Directorate for Legal and Administrative Information (Prime Minister)
You got sick and you're off work for sickness? We present you the steps you must take vis-à-vis your employer and vis-à-vis the Social Security, whether it is for a 1er sick leave or if your stop has been prolonged.
Initial shutdown
When your health condition does not allow you to work due to illness, you must prevent, without delay, your employer and by any means: either orally (telephone) or in writing (mail, SMS, etc.).
If your collective agreement or company agreement does not set a time limit, the practice is that this information is given to the employer within 48 hours following the start of 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.
Warning
if you work for more than one employer, and the doctor has determined that you are not allowed to operate, you must notify each employer. To do this, you must send photocopies of Pane 3.
If you do not comply with the obligation to provide information and information to your employer, you risk a disciplinary action up to and including dismissal. Unjustified absence may be a real and serious cause of dismissal.
You have a deadline of 48 hours to inform your Social Security organization (CPAM: titleContent or MSA: titleContent).
In principle, when the doctor gives you the 3 sheets, you should send the sheets n°1 and n°2 to your Social Security organization.
This approach allows you to perceive social security allowancesand, if you are entitled, compensation from your employer.
Please note
It is becoming more and more common for the doctor to give you only voucher No 3 and to teletransmit vouchers 1 and 2 of the work stoppage via the Internet to the health insurance fund.
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You depend on CPAM
You depend on the MSA
If you send the stop outside the deadline, the CPAM or the MSA informs you of the delay and specifies that you risk a financial withholding in case of a new late dispatch 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, there will be no financial withholding if you justify hospitalization or the impossibility to transmit the stop within 2 days.
During the work stoppage, you must meet the following obligations:
- Follow your doctor’s instructions
- Undergo medical checks organized by your employer and/or 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
In principle, only your treating doctor or the doctor who prescribed your initial work stoppage can prolong it. However, exceptionallyHowever, your work stoppage may be extended if it has been established by one of the following:
- Alternate for your treating doctor
- Replacement for the doctor who prescribed your initial work stoppage
- Specialist physician consulted at the request of the treating physician
- A doctor who follows you during a hospital stay.
Inform the employer
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.).
Forward shutdown
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.
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You depend on CPAM
You depend on the MSA
Is it interesting to refer to this link: If you send the stop outside the deadline, the CPAM or the MSA informs you of the delay noted and specifies that you risk a financial withholding if you send it again late within 2 years.
If you do not comply with the obligation to provide information and information to your employer, you risk a disciplinary action up to and including dismissal. Unjustified absence may be a real and serious cause of dismissal.
If you send the stop outside the deadline, the CPAM or the MSA informs you of the delay and specifies that you risk a financial withholding in case of a new late dispatch 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, there will be no financial withholding if you justify hospitalization or the impossibility to transmit the stop within 2 days.
Meet multiple obligations
During the work stoppage, you must meet the following obligations:
- Follow your doctor’s instructions
- Undergo medical checks organized by your employer and/or 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
FAQ
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National Health Insurance Fund (Cnam)
National Health Insurance Fund (Cnam)