Employer’s medical follow-up inspection: Modalitites finally framed by decree

An employer’s medical follow-up inspection (second medical examination) is a procedure that enables the employer to check whether an employee's absence from work due to illness or accident is justified. If the mandated doctor considers that the employee's absence from work is unjustified, the employer may suspend the supplementary sick allowance that it pays in addition to the daily social security benefits to maintain salary at the usual level.

Article L. 1226-1 of the French Labour Code, which provided for this possibility, had long been referring to a decree to frame the forms and conditions of this counter-visit. This decree, necessary to implement this mechanism, has not been published until now! 

The text came into force on July 7th, of 2024. From now on, employers will have to take these new procedures into account when carrying out a medical follow-up inspection.

 

The employee's obligation to provide prior information

To enable the employer to organise the medical follow-up inspection properly, the employee must provide the employer with the following information as soon as the sick leave starts:

  • Place of rest if different from home. The employee must also inform the employer of any changes during the period of sick leave.
  • Times when the medical check-up can be carried out if the sick leave is marked “free/unregulated outing”.

 

Date and place of the medical examination

The employer may initiate this at any time during the period of sick leave. 

The doctor appointed by the employer assesses the justification for the sick leave and its duration.

It is up to the doctor to choose the location for the medical examination. It may take place:

  • At the employee's home or at the resting place indicated by the employee. The doctor may go there at any time, without notice, outside authorised outing hours (from 9am to 11am and from 2pm to 4pm), or at the times indicated on the sick leave in the event of authorised free outing.
  • At the doctor's office, by appointment. If employees are unable to come to the doctor's office, in particular because of their state of health, they must inform the doctor and give the reasons why.

 

Examining doctor's decision and consequences

Following the visit, the examining doctor informs the employer:

  • The sick leave is justified.
  • The sick leave is unjustified.
  • Or that it was impossible to carry out the examination for a reason attributable to employees, in particular if they refused to attend the appointment or was absent during the home visit.

The employer will forward the doctor's conclusions to the employee without delay.

If the stoppage is justified, the employer's supplementary allowances will continue to be paid.

On the other hand, if the stoppage is deemed to be unjustified or uncontrollable, the supplementary allowances may be suspended. The doctor then has 48 hours to send the report to the         public health insurance body (“Caisse Primaire d'Assurance Maladie”).

 

Source: Decree no. 2024-692 of 5 July 2024, published in the Official Journal on 6 July.