Health

Sick leave: details of the counter-visit requested by the employer

Publié le 23 juillet 2024 - Directorate for Legal and Administrative Information (Prime Minister)

When an employee is on sick leave, the employer may order a counter-medical examination. The terms of this counter-visit have just been specified in a decree of July 5, 2024. Explanations.

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Image 1Crédits: dusanpetkovic1 - stock.adobe.com

Reminder

In the case of absence from work due to incapacity resulting from an illness or accident recorded by medical certificate, the employer (who pays supplementary allowances during sick leave) may request a medical counter-examination by the doctor of his choice (this doctor must not be an occupational doctor or a medical adviser to the CPAM: titleContent).

The decree of 5 July 2024 specifies the modalities of this counter-visit and codifies the case law handed down in this matter.

Please note

Employers in the departments of Moselle, Bas-Rhin and Haut-Rhin may not order a counter-medical examination under local law.

Information to be communicated to the employer

From the start of the work stoppage, the employee must communicate the following information to his employer:

  • his/her place of rest, if different from his/her home (this information is included in the work stoppage);
  • the times at which the counter-visit may be made, if he is on a work stoppage marked "free exit" (this is new information to be communicated to the employer).

Please note

This information should be updated as necessary.

What happened during the counter-visit

The doctor who does the check-up is mandated by the employer.

Its task is to determine whether the work stoppage and its duration are justified.

Where is the counter-visit?

It is the physician's responsibility to choose the location of the counter-visit. This can take place:

  • to employee's domicile or to the place communicated by him. No advance notice is required (outside authorized departure times). The doctor may present himself at the hours communicated by the employee beforehand;
  • to doctor's office, on summons conferring a certain date. Employees who are unable to travel, in particular because of their state of health, must inform the doctor and state the reasons for their absence.
When is the counter-visit?

The counter-visit takes place at any time of the work stoppage.

What happens after the counter-visit?

The doctor shall inform the employer whether the work stoppage is justified or unjustified. This information will then be transmitted by the employer to the employee without delay.

If necessary, he will inform the employer that it is impossible to carry out the counter-visit because of a reason attributable to the employee.

Agenda