Sick leave: the rules to follow

The sick employee who, therefore, can no longer work must comply with certain formalities if he wishes to receive per diems.

Stop disease: preventing the employer as soon as possible

The employee on sick to work stoppage must, above all and as soon as possible, notify his employer. Regardless of the means used, it shall, unless more favorable bargaining or contractual provisions, a maximum of 48 hours to act.

Furthermore, it must justify his absence by sending a medical certificate of sick leave. This certificate is a document prepared by the Social Security and filled out by the doctor during consultation. It consists of three parts: two are intended for primary fund health insurance, one to the employer.

Sending the certificate to the employer must be made within the periods prescribed by the collective agreement or, failing that, in a 'reasonable time'. To avoid litigation, so it is always best to send his sick leave within 48 hours.

Similarly, you have only 48 hours to address the components 1 and 2 of your sick leave to the medical service of your health insurance fund.

The late submission of sick leave is sanctioned

It is this package which, if any, will trigger the payment of your daily allowance.

If you exceed these limits, attention to penalties! The failure or the late submission of the medical certificate to the employer may be, in certain circumstances, fault could justify dismissal. You may also be penalized financially, as a non justified absence deprives you, in principle, any salary for the period concerned.

Similarly, if you do not respect the deadlines for contact CPAM sections 1 and 2 of the form, and if another late submission is found in the two years following, the amount of your daily allowance can be reduced by half the period between the date of prescription and of sending the form, except in case of hospitalization or if you justify circumstances explaining that it was impossible for you to meet this deadline.

The exit permits in case of sick leave

In addition to the duty to inform the employee on sick leave must meet the requirements of the doctor, submit to the checks organized by the medical control department, to refrain from any unauthorized activity and comply with output hours granted by the practitioner .

The physician must indicate on the work stoppage if the outputs are allowed or not. If they are, you must still be present in your home from 9:00 to 11:00 and 2:00 p.m. to 4:00 p.m., unless care or medical examinations outside. These rules also apply on weekends and holidays.

However, note that if your condition warrants, your doctor may allow you to leave anytime during the day, provided, however, indicate the medical reasons justifying the authorization.

The monitoring of sickness absence

Monitoring of employee work stoppage comes under the health insurance, but also your employer, who may, on its own initiative, conduct a check-up through specialized companies.

If the doctor believes that the work stoppage is unjustified or if he can examine you because of a refusal or failure, it shall inform the CPAM of the employee. It can then suspend the payment of daily allowances or decide to carry out a new medical examination.

For his part, the employer may suspend payment of additional compensation if your inspection visit did not take place. However, if you do not get additional compensation, the employer can not require you to perform a control visit.

Daily allowances for illness

It is necessary to have worked before sick leave to collect the daily allowances paid by social security, at least 150 hours of work during the three months prior to the stoppage or have contributed on a salary at least equal to 1015 times the hourly minimum wage over the past six months.

The amount of such compensation is equal to 50% of retained earnings within the limit of 1.8 times the monthly minimum wage in force, or 2 € 623.53 on 1 January 2015. To this amount can be added, depending on your age, total or partial maintenance of salary paid by your employer.