A decree of 5 July 2024, effective from 7 July 2024, specifies the terms of the follow-up examination carried out by the employer during an employee’s sick leave.
Firstly, the employee must inform the employer of his place of rest, if it is different from his home, at the beginning of the sick leave, and of any subsequent change of location. In the event of sick leave with a “free movement” clause, the employee must also inform the employer of the times available for the follow-up examination.
Secondly, concerning the follow-up examination itself, it must be carried out by a doctor appointed by the employer. It can take place at any time during the sick leave, either at the employee’s home (or any other location communicated to the employer), or at the doctor’s office. The doctor informs the employer whether or not the sick leave is justified or if the follow-up examination could not be carried out due to the employee’s absence or refusal.
Finally, regarding the outcome of the follow-up examination, if the sick leave is deemed unjustified or if the follow-up examination could not take place, the doctor must send a report to the social security fund within 48 hours. The social security fund may then suspend daily allowances or request a new examination of the employee’s situation. If the sick leave is confirmed as unjustified after this examination, the employer may stop paying supplementary benefits (Decree No. 2024-692 dated 5 July 2024, Official Journal of 6 July 2024).
