Can an employee work during a work stoppage?

Verified 14 August 2023 - Directorate for Legal and Administrative Information (Prime Minister)

If you are on work stoppage (due to illness or industrial accident or occupational disease), you must refrain from engaging in any activity not authorized by the doctor.

If you are engaged in more than one activity, the doctor must determine which activities you are not allowed to engage in.

Example :

You are a part-time trainer and you also work in a cleaning business? If the doctor stops you because of an allergy to a household product, you can still continue your activity as a trainer if the doctor allows it.

Thus, if you are working full time for a single activity and you are on sick leave, it will not be possible to combine your sick leave with another professional activity.

The prohibition shall apply to any activity, paid or unpaid, even if it is limited and takes place during authorized exit times.

You cannot not telework.

If you are engaged in prohibited activity during sickness, you must return the daily allowances paid to you by your social security organization: CPAM: titleContent, MSA: titleContent.

If your employer has let you work, you can ask them to pay damages an amount corresponding to the sums returned to CPAM or MSA.

In the event of a dispute, it is the judge who is responsible for determining whether the activity ascertained during a medical examination is tolerated or not.

Example :

The following activities, found during a medical examination, were considered to be in breach of the obligations of the insured person who was ill:

  • Activities related to the mandate of the Staff Representative
  • Painting work on a house
  • Repair of a car
  • Gardening work

FYI  

during sick leave, you can follow a training activity subject to conditions.

Who can help me?

Find who can answer your questions in your region