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Inability to work of the employee due to an occupational disease

Verified 30 January 2020 - Directorate for Legal and Administrative Information (Prime Minister)

The occupational physician may declare your inability to return to work if your occupational disease warrants it. In this case, your employer is obliged to offer you a reclassification on a job adapted to your physical abilities, except for exceptions. You may receive compensation during the reclassification obligation period.

If you are physically or mentally incapacitated by your occupational disease to perform all or part of your duties, you may be considered unfit.

Prior procedure

Your incompetence is obligatorily established by a doctor of work.

Before issuing a disqualification notice, the occupational physician must follow the following steps:

  • Completion of at least one medical examination to discuss the accommodation, adaptation or transfer of positions and the need to propose a change of position
  • Conduct a job survey
  • Conducting a study of working conditions in the establishment (with indication of the date when the business card has been updated)
  • Exchange with the employer, by any means, to obtain his observations on the opinions and proposals that the occupational doctor intends to address

The occupational doctor may request further examinations. He or she may also request a second medical examination, not later than 15 days after the first.

At the end of these steps, the occupational physician may declare you unfit for your position if he finds:

  • no adjustment, adaptation or transformation of the occupied workstation is possible,
  • and your health warrants a shift.

Notice of incompetence

If the occupational physician declares you unfit for your position, he or she must write a disqualification notice. He must send you a copy. The notice of incompetence shall include written conclusions and indications concerning the reclassification of the employee.

The occupational physician may indicate in the notice of disqualification:

  • that any retention in employment would be seriously detrimental to your health,
  • or that your health makes it impossible to reclassify in a job.

The employer must take into account the opinion and the indications or proposals of the occupational physician. If he refuses, he shall send you (and the occupational doctor) in writing the reasons for his opposition.

Remedy

You (or your employer) may challenge the decision of the occupational doctor before the labor board within 15 days of notification of the notice of incompetence.

The council of prud'homme may consult the doctor-inspector of labor.

Who shall I contact

Reclassification obligation

When your inability to return to your previous job is determined by the occupational physician, your employer must offer you another job appropriate to your abilities.

However, your employer is exempt from seeking a reclassification position if the disqualification notice states:

  • your continued employment would be seriously detrimental to your health,
  • or that your health makes it impossible to reclassify in a job.

Characteristics of the proposed job

Your employer's proposal takes into account, after consulting the staff representatives (DP) (or the social and economic committee - CSE):

  • written conclusions of the occupational doctor,
  • and the indications it makes about your ability to perform one of the existing tasks in the company.

The occupational physician provides guidance on your ability to receive training that will prepare you for a suitable position.

The proposed job is as comparable as possible to the job you previously held.

Your employer shall, if necessary, implement measures such as:

  • the transfer, adjustment, adaptation or transformation of existing posts,
  • or the organization of working time.

The reclassification must be sought among the available jobs:

  • in the undertaking (all establishments and all sectors),
  • and, if the undertaking belongs to a group, among the undertakings located in France whose activities, organization or place of operation make it possible to carry out the switchover of all or part of the staff.

If your employer is unable to offer you another job, he or she must inform you in writing of the reasons for the reclassification.

You are free to refuse the proposed job.

Time

No minimum or legal maximum period is imposed on your employer to fulfill its obligation.

The employer is not required to pay you during the 1to months of job search (unless treaty provisions as provided for).

However, you are entitled to payment by the CPAM: titleContent temporary incapacity allowance (ITI). The amount is equal to the amount of daily allowances paid during your work stoppage preceding the notice of incapacity.

If you receive an annuity related to your work accident, the monthly amount of the annuity is deducted from the ITI.

To request the ITI, the occupational doctor gives you a 3-part form:

  • 1 pane to send to your CPAM without delay (pane 1),
  • 1 component to give to your employer (component 3),
  • 1 pane to keep (pane 2).

Who shall I contact

On this form, you must certify on the honor that you do not receive any remuneration related to your activity during the period of payment of the allowance. You cannot pay the ITI if you are still receiving remuneration related to the activity for which you have been declared unfit.

The ITI shall be paid, without waiting periodfrom the day following the declaration of incompetence. It is paid until the date of your reclassification or dismissal but for a maximum of 1 month. After this period, if you are not reclassified or dismissed, your employer must pay you the salary corresponding to the job you were in before you became unfit.

Please note

if you work for more than one employer, the allowance is only paid for the position for which you are deemed unfit.

You're permanent

You can dismissed for incompetence if one of the following conditions is met:

  • You refused the job your employer offered you
  • Your employer justifies the impossibility of offering you a job
  • The notice states that your continued employment would be seriously harmful to your health
  • The notice states that your health makes it impossible to reclassify in a job

You're on CD

Your CDD can be broken early if one of the following conditions is met:

  • You refused the job your employer offered you
  • Your employer justifies the impossibility of offering you a job
  • The notice states that your continued employment would be seriously harmful to your health
  • The notice states that your health makes it impossible to reclassify in a job