Decree no. 2024-692 of July 5, 2024 published on July 6, 2024 sets out the terms and conditions for the organization of the medical check-up that may be carried out by the employer to ensure that employees with at least one year's seniority are justified in taking time off work due to illness or accident.
As a reminder, when an employee is off work, the employer may be required to maintain part of his remuneration, more commonly known as salary maintenance. In return, the employer has the right to carry out a medical examination to verify the legitimacy of the stoppage, or to check that the employee is at home at the times stipulated in the stoppage.
Article L.1226-1 of the French Labor Code guarantees the existence of such an inspection. However, there was no legal framework for the way in which it was set up or exercised, leaving it to case law to define the framework.
This is the situation addressed by Decree no. 2024-692 of July 5, 2024, creating 3 new articles in the Labor Code (R. 1226-10 to R. 1226-12).
The employee's obligation to inform the employer.
When an employee is off work, it is possible that his or her place of rest is different from his or her main residence. If this is the case, the employee must inform his employer of the place where he will be during his period of sick leave. If this location changes during the period of sick leave, the employee must also notify the employer immediately.
If the work stoppage specifies "free leave", the employee must inform the employer of the times at which the counter-inspection can take place.
Setting up a counter-inspection system.
The second inspection is carried out by a doctor appointed by the employer. The latter's task is to verify the legitimacy of thework stoppage of the employee, but also the appropriateness of its duration (which is a novelty).
This counter-visit can be carried out at any time during the employee's absence from work. It is no longer intended to take place solely at the employee's home or place of rest, but also at the doctor's office.
When the follow-up examination takes place at the employee's home (or resting place, of which the employer has been informed in advance), the doctor is under no obligation to give prior notice. He must carry out the visit during the hours stipulated in the work stoppage, or during the hours of presence previously communicated by the employee to his employer in the case of a free leave stoppage.
On the other hand, when the counter-visit takes place at the doctor's office, the latter sends the employee a summons by any means giving a date certain. If the employee is unable to attend the summons, notably because of his or her state of health, he or she must inform the doctor and justify this.
The consequences of a medical inspection.
The decree does not specify the consequences of a medical examination, but its effects, as defined by case law, remain unchanged.
At the end of his mission, the appointed doctor sends his report to the medical department of the Caisse Primaire d'Assurance Maladie within 48 hours. He will also send the report to the employer, who will pass this information on to the employee without delay.
There are two possible scenarios:
- The doctor considers that the employee's absence from work is justified, so the report has no consequences for either the employer or the employee;
- The doctor considers that the work stoppage is not justified. The employer is entitled to stop payment of the salary for the remaining period of sick leave from the date of the check-up. The doctor also informs the employer and the Caisse Primaire d'Assurance Maladie if he is unable to carry out the check-up for reasons attributable to the employee (in particular, his refusal to attend the check-up or his absence during the visit to his home or place of rest).
On receipt of the report, the Caisse Primaire d'Assurance Maladie may :
- Suspend the payment of daily benefits to the employee ;
- Carry out a new inspection by your own services. This is compulsory if the second inspection could not be carried out by the appointed doctor.
