Sick leave in France

Inform the employer as soon as you learn you cannot work, by phone or email, and before the start of work if possible, and state the expected duration of absence, and you need not state your illness.

• Consult your doctor (or a duty doctor or a remote consultation) to issue an arrêt de travail via ameli pro electronically and send a copy to the CPAM, and two copies are handed to you for the employer and the patient.
• Send the copy to the employer within 48 hours (email, official mail or registered letter is accepted).
• Stay at home during the heures de présence (presence hours) set on the certificate (usually from nine to eleven and four to six) unless the doctor writes sorties libres, permitted outings.
• And a controller from the fund or the employer may visit you (contre-visite).
• And if your child is ill you can request a congé enfant malade.

After three waiting days (carence) the security pays IJ at 50 percent of the daily gross reference salary (up to about 52 euros a day), and it is required that you have worked 150 hours in three months or reached a minimum income (about 1015 times the hourly SMIC in six months) and be registered.

• The employer completes the salary from the eighth day often by law (the maintien de salaire system) and it amounts to about 90 percent then 66 percent for a period according to seniority (after a year of work), and some employers and collective agreements complete from the first day at a higher rate and without carence.
• And IJ is paid to your account directly or via the employer (subrogation).
• Ask the human resources department about the agreement.
• And those with no right (little work) may not get it. And IJ is subject to income tax.
• And keep copies of the certificates and payment statements.

The fund (CPAM) may monitor your condition via a médecin-conseil, an advisory doctor who summons you for an examination, and you must attend or the allowances are cut.

• And a contre-visite may be carried out via a doctor delegated by the employer.
• And if you err (such as working during leave or going out outside permitted hours) the IJ may be reduced or cancelled and you may be penalised.
• On return a visite de reprise (return check) is carried out by occupational health (médecine du travail) after leave exceeding sixty days (or thirty days for an accident), to assess your capacity and give recommendations.
• You can request a mi-temps thérapeutique (a gradual part-time return with IJ) with the approval of the doctor, the fund and the employer, and adapt the work (aménagement de poste).
• And if the occupational doctor considers you unfit for the previous work a change of task or a reclassification (reclassement) may be proposed.

For long-term illness (ALD) or recurrent illness (over six months) the allowance system changes and IJ continues for up to three years.

• And if the illness persists you may be granted a pension d'invalidité (disability pension) or the AAH (disability allowance) depending on the case via the MDPH.
• Labour law protects the employee from dismissal because of illness or disability, and he may not be dismissed during sick leave except for serious misconduct or impossibility of keeping the contract for a reason unrelated to illness.
• And in cases of inaptitude (permanent unfitness) the employer must offer a reclassement before dismissal.
• If your contract is ended because of illness consult the conseil de prud'hommes (the labour court) within 12 months, and contact a union or the inspection du travail or the Défenseur des droits.
• And stronger protection applies to work accidents and occupational diseases (AT/MP) with higher compensation.
• And keep all your correspondence.

For the self-employed (indépendants and micro-entrepreneurs) IJ is paid after three waiting days with income and contribution conditions for a certain period, so check your conditions via autoentrepreneur or Urssaf and the CPAM.

• And for the unemployed registered with France Travail IJ may be obtained if they receive unemployment allowance and inform the body, and unemployment-related allowances stop during leave.
• And for students there is no IJ but health cover continues.
• And for European foreign workers with other insurances coordination rules apply.
• And if you are in a trial or during a probation period (période d'essai) there are fewer rights, but protection from discrimination remains.
• And if you have no right to IJ do not hesitate to request social consultation (assistant social) at the hospital or municipality to learn the aids (RSA, AAH and FSL).
• And for legal help the Point d'accès au droit is free.
• And avoid hidden work during illness since it is a breach.

Within how many hours do you send the certificate?