New rules for sick-leave notes introduced in France

Details of how employers can get independent doctors to check on workers off sick have been set out by the government.

The measure was included in a law passed by parliament in the spring, and the details were published by government decree in July.

In France employers have to pay extra social security contributions when staff are off sick to make up for the sick pay paid by the state.

Employers’ organisations lobbied for the independent doctor checks because they felt a small proportion of employees abused the system and cost them money.

Read more: Where can I find an English-speaking doctor in France?

'Unfit for work' certificates

Under the new rules, they can ask for an independent doctor to examine the employee, after a first certificate has been signed off by a doctor, usually the employee’s GP.

The certificates have to give a reason for the employee to be off sick and also specify the number of days the doctor expects for the sick or injured employee to have off before they are cured and fit for work.

Employers can now ask a doctor, who must not be the designated médicin du travail for the business, nor on the medical council of the caisse primaire d’assurance maladie handing the sick pay, to examine the worker to check if the details on the certificate are correct.

The system depends on the worker being at the address mentioned on the certificate, which is usually their home, but which can also be a designated lieu de repos.

The worker must also include the hours when the independent doctor can carry out an examination if the sick pay certificate includes the mention sortir libre, which means they are not expected to remain in bed at home.

If there is a change of address, the employer must be informed.

Read more: Workers in France can now earn holiday days during sick leave

Doctor's ruling

Mandated by the employer, the independent doctor’s examination is limited to deciding if the arret de travail and the number of days off work are justified.

Examinations can take place at the worker’s home, with the doctor visiting, without needing to make an appointment, during normal working hours, or if the worker has the sortir libre mention, at times the worker has told their employer they will be at home.

Alternatively the independent doctor can call the worker to their doctor’s workplace, for a fixed time, and if the worker is not able to attend, especially for health reasons, they must explain this to the doctor before the appointment slot.

The doctor sends a report, with a decision on whether or not the arret de travail is justified to the employer, who must pass on the report to the employee without delay.

If the doctor is not able to examine the worker, for whatever reason, they must explain why to the employer.

Abuse of sick leave system

Official figures show that sick pay fraud accounted for €17 million of the €470 million lost by social security to fraud in 2023.

The year saw 1,200 cases where fines and other financial penalties were imposed for sick pay fraud, for a total of €3.7 million, with the largest single penalty being €325,000 imposed on a man found to be working for another company while claiming sick pay for a long-term illness from his first employer.

Authorities also found “kits” for sale on line, offering false payslips and other details, so that sick pay could be applied for.

Read more: Visualise: Data on workers’ sick-leave days in France