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Sick leave: daily allowances paid to the employee

Verified 01 May 2023 - Legal and Administrative Information Directorate (Prime Minister)

If you are an employee on sick leave, you are entitled to daily allowances (IJ) paid by your health insurance scheme (CPAM: titleContent, MSA: titleContent,...). They are paid under contribution conditions with a waiting period. The amount depends on your salary. You can also receive additional compensation from your employer, subject to conditions. Of treaty provisions may provide for the maintenance of your salary in full.

The terms of compensation differ depending on the length of your work stoppage: up to 6 months, after 6 months.

Up to 6 months off

To be compensated during the first 6 months of your stoppage, you must prove, on the day of the interruption of work, one of the following conditions:

  • You worked at least 150 hours in the 3 calendar months or the 90 days prior to the stop
  • You have contributed, in the 6 calendar months preceding the termination, on the basis of a remuneration at least equal to 1,015 times the amount of the Smic: titleContent schedule set at the beginning of this period

Example :

If your work stoppage started on 1er July 2022, you are eligible for the JI if one of the following conditions is met:

  • You worked at least 150 hours between the firster April 2022 and June 30, 2022
  • You have, between the 1er January 2022 and June 30, 2022, assessed on the basis of remuneration at least equal to €10,728.55

FYI  

these conditions apply whether you work full-time or part-time.

After 6 months

To continue to be compensated if your shutdown lasts longer than 6 months, you must meet one of the following conditions:

  • You must prove, on the date of interruption of work, that you have been a member of a social security scheme (CPAM, MSA) for at least 12 months and have worked at least 600 hours on 12 calendar months or the 365 days preceding the shutdown
  • You must have contributed, during the 12 calendar months or the 365 days preceding the termination, on the basis of remuneration at least equal to 2,030 times the amount of the Smic: titleContent schedule set at the beginning of this period

Example :

If your work stoppage of more than 6 months started on 1er July 2022, you are entitled to IJs beyond 6 months if you meet one of the following conditions:

  • You were already a member of a social security scheme before July 2021, and you worked at least 600 hours between the firster July 2021 and June 30, 2022
  • You contributed, during that same period, on the basis of a remuneration at least equal to €21,457.10

FYI  

these conditions apply whether you work full-time or part-time.

Calculation method

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 €51.70 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 €3,144.96 per month in 2023).

If you are earning a higher salary, your IJ will be calculated as follows:

  • Basic daily wage = €103.40 [(€3,144.96 (x 3) / 91.25]
  • IJ = €51.70 (103.40 x 50%)

Maximum amount

IJs cannot exceed €51.70 raw.

Upgrading

If the work stoppage exceeds 3 months, the IJs may be revalued (within the maximum gross amount) in the event of a general increase in wages.

IJs are paid after a waiting period of 3 days.

Example :

in the event of a shutdown from 1er in July, the IJs are paid from 4 July.

The waiting period shall apply to each work stoppage.

Warning  

there is no waiting period in the event of resumption of activity between 2 work stoppages not exceeding 48 hours. Similarly, there is no waiting period in the event of successive work stoppages due to a long-term illness (ALD).

Waiting days are counted in the calculation of your pension as long as it is the duration of the stop that is taken into account.

For short-term breaks, there is no impact on the calculation of your pension.

However, if the stoppages are of long duration, they are also taken into account as follows: 1 quarter is validated for each period of 60 days of compensation up to a limit of 4 quarters per year.

Days Indemnified

IJs are due for each calendar day work interruption, including Saturday and Sunday.

Periodicity of payment

Your Social Security Organization (CPAM: titleContent, MSA: titleContent) pays you the IJs every 14 days. He's sending you a statement at the same time. You can also download it.

Certificate of payment of daily allowances

Maximum payment period

General case

The Social Security Agency (CPAM, MSA) pays up to 12 months of IJ per period of 3 consecutive years.

For long-term illness (ALD)

If you suffer from ALD, the IJs shall be paid during 3 years.

A new 3-year period is open if you have worked for at least 1 year.

If, after 3 years, you are again on sick leave after working less than one year, you can be compensated if you received less than 12 months of DI over the 3-year period.

Tableau - Possibility of combining income with daily allowances

Income

Can I accumulate with per diem?

Invalidity pension

Yes, if your disability rate is compatible with a return to work

Old-age pension

Yes, if you are retired and are otherwise employed

Additional share of your salary paid by your employer

Yes

Unemployment benefits

No

Maternity daily allowance

No

Accident at work Daily allowances for occupational diseases (AT-MP)

No

Conditions

To receive the additional compensation, you must complete all the following conditions:

  • Have at least 1 year of seniority in the company (calculated from your 1er day of absence)
  • Have forwarded the medical certificate to the employer within 48 hours
  • Benefit from daily allowances (IJ) paid by the Social Security
  • Be treated in France or in one of the Member States of the European Economic Area (EEA)
  • Not be a homeworker or seasonal, intermittent or temporary employee

Waiting period

One waiting period of 7 days shall be provided for each work stoppage.

Thus the payment of supplementary allowances begins on the 8the day of sick leave except treaty provisions or more favorable collective agreement.

If the work stoppage is due to a accident at work or to a occupational disease, the payment of IJs starts from 1er day of absence.

Duration of payment

The length of time the employer pays out the benefits varies according to your seniority, as follows:

Tableau - Duration of payment of additional allowances according to your seniority

Length of service in the company

Maximum duration of payment of allowances

1 to 5 years

60 days (30 days to 90% and 30 days at 66.66%)

6 to 10 years

80 days (40 days to 90% and 40 days at 66.66%)

11 to 15 years

100 days (50 days to 90% and 50 days at 66.66%)

From 16 to 20 years

120 days (60 days to 90% and 60 days at 66.66%)

21 to 25 years

140 days (70 days to 90% and 70 days at 66.66%)

26 to 30 years

160 days (80 days to 90% and 80 days at 66.66%)

31 years and older

180 days (90 days to 90% and 90 days at 66.66%)

If you have already received one or more periods of sickness compensation from the employer in the previous 12 months, the duration of payment is deducted from the number of days already compensated.

Amount

During First 30-90 days off depending on your seniority, you can receive allowances, which in addition to the IJ, allow you to collect 90% the gross remuneration you would have received if you had worked.

During 30 to 90 days of next shutdown, the percentage is lowered to 2/3 (i.e 66.66%) of your remuneration.

In order to calculate the amount paid by the employer, it is necessary to deduct the IJ paid by your social security organization (CPAM, MSA,...) and, if this is the case, the benefits resulting from the employer's payments under a supplementary pension plan.

Your collective agreement may include more favorable provisions (such as full maintenance of your salary).

If the IJ paid by your social security organization (CPAM, MSA,...) are reduced (for example, due to hospitalization or a penalty of the CPAM: titleContent for non-compliance with its regulations), the amount paid by the employer remains calculated taking into account the full amount of the JIs.

Warning  

in return for the obligation to pay the allowances, the employer may resort to a counter-medical examination.

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