What are the rights and obligations of sick leave?

18/07/2018 by Hicham HMICHE


obligations of sick leave

There are many questions, both for the employee and the company, during a work stoppage due to illness, but also for a work accident or disability. Between the days of waiting, the control of the stop or the questions around the dismissal, complete point on what you should know during a sick leave.

The rights and obligations of an employee who is on sick leave

When on sick leave, the employee must send the paper document, which his doctor has given him after a consultation, to his health insurance fund and his company within 48 hours. The employee can thus receive his daily allowances. It should be noted that sick leave can be directly transmitted by some doctors to the health insurance fund.

Free outings, at any time, may be authorized by the doctor if he/she ticks the box provided for this purpose. However, if the employee on sick leave wishes to reside in a department other than his usual place of residence, he must apply to his health insurance fund. The employee must be present at home, in the event of outings authorized by the doctor, between specific slots: from 9am to 11am and from 2pm to 4pm (excluding medical care and examinations).

Controls can be organised on the initiative of the health insurance fund and, in this context, the employee is obliged to submit to them. Finally, during a sick leave, the employee is not entitled to exercise another professional activity.

Is there a waiting period for sick leave?

The employee does not receive daily allowances during the first three days of each sick leave. There are only two exceptions to this from day one:

However, some private companies may cover all or part of this waiting period, depending on the applicable collective agreement. They may also decide to receive daily allowances directly from the Health Insurance Fund to continue to pay a salary to their employee, without interruption. For employees of the public, civil servants receive compensation from the first day of each new work stoppage.

Can a sick leave prevent a termination of the employment contract?

If he is not on probation, an employee may resign during his work stoppage. In this context, he/she begins his/her notice period at home and spends the rest of the time in the company, unless the employer exempts him/her from it.

Moreover, a sick leave during a notice period does not extend it, except in the case of a break for an occupational disease or an accident at work.

Finally, a company cannot dismiss an employee because of his or her state of health, under penalty of punishment. This decision can only be justified when there is a very long absence that disrupts the company's normal operations. However, this sick leave must not have been caused by the employer due to harassment, for example.

Can paid leave be postponed during a stopover?

Before leaving on leave, the employee who is on leave may postpone the dates after resuming work. The employer is also required to propose new vacation dates.

In the event that the employee is on sick leave during his or her leave, he or she may make up for the days of leave on the date of the leave, if the collective agreement so provides. Otherwise, the employer is not required to take this action.

Do we take leave during sick leave?

An employee continues to obtain paid leave during a break for an occupational disease or an accident at work. This is not the case for any other reason for sick leave, unless the collective agreement contains other provisions.

When the employer must give a wage certificate?

The company must issue a wage certificate when it receives the declaration of the work stoppage. A new document must be drawn up by the employer if the sick leave extends beyond six months without interruption. This certificate will enable the health insurance fund to calculate the employee's daily allowances.

How does the employee return to the company?

In the context of a nominative social declaration, the company must inform the employee of the takeover at the time of the monthly declaration. If the employee returns earlier than expected from his stop, the employer must make a special declaration within five days of the employee's return.

If the nominative social declaration is not in force in the company, the employer does not have to take any particular steps. He must simply keep the information at the disposal of the health insurance fund. But, here too, any early resumption entails a declaration to be made within five days of the employee's return.

How the recovery visit works?

It is mandatory after a work stoppage of at least 30 days due to illness or accident, whether or not it is of professional origin. This resumption visit is mandatory for a break after maternity leave or for an occupational disease. The visit is organised by the employer within eight days of the employee's return.

It is then the occupational health department that issues an aptitude notice for the employee.

The specific case of part-time resumption

An employee may return to work, after a sick leave, on a part-time basis for therapeutic reasons. This must be prescribed by the attending physician after a work stoppage, allowing coverage by the Health Insurance. Working days and hours must be discussed with the employer.

On the other hand, an employer may challenge a part-time resumption on therapeutic grounds on the basis of constraints to operate the business properly.

Finally, the compensation paid by the Health Insurance can be maintained in whole or in part during the part-time resumption. The precise conditions are to be seen directly by the employee at his caisse.

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