Occupational disease: resumption of employment of the employee

Verified 04 July 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Depending on the duration of your stop for occupational disease (example: pleural cancer in case of exposure to asbestos), you may or may not be subjected to a medical examination. In some cases, your attending doctor may also offer you a light return to work, compensated by the Social Security (subject to conditions).

Rules vary depending on how long the shutdown lasts: up to 3 months or more.

Up to 3 months

You must take a return to work visit.

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.

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 2022, but your return visit is not until July 5, 2022, your employment contract remains suspended until July 5.

Your doctor may allow you to resume light work for medical reasons.

In this case, he recommends that you return to part-time work. Accident at work He must fill you the medical certificate and the certificate of work stoppage for

Accident at work Medical certificate

Please note

accident at work since 7 may 2022, a merger of the various forms used to prescribe work stoppages (illness, occupational disease, follow-up, extension, etc.) has been carried out. The reporting and investigation rules remain unchanged. It's always given to you by a health professional after you've given it to them.

You have to address the last part to your employer. He or she then prepares a certificate indicating the exact nature of your employment and your remuneration.

If the CPAM: titleContent or the MSA: titleContent considers this return to work as likely to promote your healing or consolidation, you continue to receive daily allowances (DSA). The CPAM itself determines the amount paid during this return to work for medical reasons. Your social security organization (CPAM, MSA) informs you of its decision by registered letter.

More than 3 months

When your work stoppage lasts more than 3 months, a pre-recovery visit shall be organized by the occupational doctor either at your request or on the initiative of your treating doctor or the medical officer of the Social Security.

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 must take a return to work visit.

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.

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 2022, but your return visit is not until July 5, 2022, your employment contract remains suspended until July 5.

Your doctor may allow you to resume light work for medical reasons.

In this case, he recommends that you return to part-time work. Accident at work He must fill you the medical certificate and the certificate of work stoppage for

Accident at work Medical certificate

Please note

accident at work since 7 may 2022, a merger of the various forms used to prescribe work stoppages (illness, occupational disease, follow-up, extension, etc.) has been carried out. The reporting and investigation rules remain unchanged. It's always given to you by a health professional after you've given it to them.

You have to address the last part to your employer. He or she then prepares a certificate indicating the exact nature of your employment and your remuneration.

If the CPAM: titleContent or the MSA: titleContent considers this return to work as likely to promote your healing or consolidation, you continue to receive daily allowances (DSA). The CPAM itself determines the amount paid during this return to work for medical reasons. Your social security organization (CPAM, MSA) informs you of its decision by registered letter.

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