Sick leave: resumption of the employee's work - Shutdown less than 60 days

For stops more than 30 days, a liaison appointment may be set up between the employee and the employer involving the occupational health and prevention service.

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:

• Pre-restart visit
• Arrangements for your position and working time

However, the law does not impose a time limit for carrying out this liaison appointment.

The return-to-work medical check-up is mandatory if you were off work for one of the following reasons:

• Accident at work with a minimum of 30 days' withdrawal
• Occupational disease (regardless of duration)

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.

For work stoppages due to illness or accident non-professionalHowever, you do not need to have a repeat medical examination.

This way, you will return to work under the usual conditions (i.e. the same conditions as before your stop: same position, same salary).

Conditions

You may be allowed to resume part-time work for therapeutic reasons.

Part-time work is recommended by your treating doctor before recovery if you are in any of the following situations:

• Retention at work, resumption of work and work performed are recognized by your doctor as being of such a nature as to promote the improvement of your health
• You must undergo rehabilitation or vocational rehabilitation to find a job that is compatible with your health

Approach

Before resuming work, your treating doctor will prescribe a part-time return for therapeutic reasons.

You then send this prescription to your social security organization: the CPAM: titleContent or the MSA: titleContent (Streams 1 and 2) and your employer (Stream 3).

The employer organizes a return visit with the occupational doctor.

If he obtains the favorable opinion of the occupational physician, while respecting the required recommendations (recommendations), the employer must subsequently draw up a certificate in which he gives his agreement in principle to your takeover.

You must agree with your employer on the allocation of hours of work and the remuneration paid.

The medical officer of the CPAM gives a favorable or unfavorable opinion on the payment of daily allowances (IJ).

Remuneration

During your therapeutic part-time, you receive your salary. The amount is calculated according to your working hours.

You can also benefit from IJs paid by the social security. They are paid for a maximum of 4 years. Their amount is calculated according to the following rules.

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.

IJs cannot exceed €52.28 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 €3,180.45 per month in 2024).

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

• Basic daily wage = €104.56 [(€3,180.45 (x 3) / 91.25]
• IJ = €52.28 (104.56 x 50%)

Their amount cannot exceed the loss of daily earnings linked to the reduction of your working time.