Can the employer require proof from the employee for a day's absence?

Verified 25 August 2023 - Directorate for Legal and Administrative Information (Prime Minister)

Yes, the employer is entitled to require the employee to produce proof (proof of a medical appointment, for example) if he is absent from work, even for a single day.

Any absence must be justified, regardless of the duration and the reason.

If your absence is not not justified, you're getting into fault vis-à-vis your employer.

This fault may result in a disciplinary sanction (warning, reprimand or even dismissal for repeated unjustified absences).

In case of absence, you must notify, by any means (telephone call, mail, sms,...), your employer or the Human Resources Directorate, and this as soon as possible.

As for your Social Security organization (CPAM: titleContent, MSA: titleContent), it must be warned within 48 hours who follow your absence.

The interruption of work can be justified by exceptional leave (death, illness of your child), validated by your employer, or by an illness.

FYI  

If you wish to take paid leave, you must obtain prior authorization from your employer.

If you don't have permission, you risk a penalty (warning or dismissal for misconduct).

Depending on the company rules and regulations regulations (e.g., in the case of an employer), the employer's authorization may be express (i.e., in writing) or tacit (i.e., without an explicit agreement).

If there are no rules in the company, the judges consider that the absence of authorization constitutes the employer's agreement. More specifically, the judges consider that the employee who good faith, goes on leave with pay without the employer's consent may not be penalized.

The sending of these documents is mandatory to collect, if you are entitled, the allowances paid by CPAM or MSA and any salary top-up by your employer.

In the absence of justification or leave, the employer may also deduct the salary corresponding to the day not worked (leave without pay).

If you're sick, you must address your sick leave (slip 1 and 2) to your Social Security organization (the CPAM: titleContentor the MSA: titleContent) and slip 3 to your employer.

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