Occupational disease: resumption of employment of the employee

Verified 24 October 2024 - Directorate for Legal and Administrative Information (Prime Minister)

You will return to work after an occupational illness. Want to know if a medical check-up is necessary? We'll let you know what you need to know.

Pre-restart visit can now be requested for a work stoppage of more than 30 days, whatever the cause. This new deadline only applies to judgments that started after 31 March 2022.

Before March 31, 2022, the information differed depending on the length of your sick leave: up to 3 months or more than 3 months.

If your stop is less than 3 months, a restart visit is obligatory.

For a stop of more than 3 months, in addition During the resume visit, you can request a pre-resume visit to anticipate possible adjustments to your workstation.

Up to 3 months

When do you need to take the restart visit after your stop?

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.

What are the steps of the return to work visit?

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.

What happens if the resume visit cannot take place during working hours?

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.

What are your rights regarding remuneration during the trade-in visit?

Your absence is remunerated under the usual conditions, i.e. 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.

Your doctor handler 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 the health care 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 to be of a nature to promote your healing or consolidation, you continue to receive a per diem (IJ). 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

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.

You and your employer can take the initiative.

Contact can be made either by email or by simple mail. The liaison appointment can then be held by telephone or by videoconference.

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:

  • Action(s) to prevent occupational disintegration (e.g. training, retraining, etc.)
  • Pre-restart visit
  • Arrangements for your position and working time

However, this is not a medical check-up. This appointment is optional.

Finally, the law does not impose a time limit to carry out this liaison appointment. And this one

The liaison appointment is intended to maintain communication with your employer during your work stoppage. It informs you about your rights, including the possibility to participate in actions to prevent disintegration from the labor market, such as training or retraining.

The interview also allows you to learn more about the request for a pre-restart visit and about the arrangements for your station or working time. This appointment can be arranged by you or your employer after a stop of more than 30 days, with the support of the occupational health and prevention service. The contact is by email or post, and the interview can take place by telephone or videoconference.

The goal is to prepare the conditions for your return to work. This appointment is optional and non-medical in nature. Moreover, there is no legal time limit for organizing it.

The duration of the work stoppage may be continuous or discontinuous.

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.

When do you need to take the restart visit after your stop?

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.

What are the steps of the return to work visit?

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.

What happens if the resume visit cannot take place during working hours?

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.

What are your rights regarding remuneration during the trade-in visit?

Your absence is remunerated under the usual conditions, i.e. 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.

Your doctor handler 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 the health care 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 to be of a nature to promote your healing or consolidation, you continue to receive a per diem (IJ). 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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