When a physical or mental health issue impairs an employee's ability to perform their duties, the question of keeping them in employment becomes critical. In France, a declaration of inaptitude médicale (medical unfitness) by the médecin du travail (occupational physician) triggers a complex period at the crossroads of protecting the worker's health and meeting the operational needs of the business. Whether you are an employee facing a decline in your health or an employer wishing to scrupulously respect the legislation, understanding the mechanics of reassignment and dismissal for unfitness is essential to assert your rights and avoid costly disputes.
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Medical unfitness for work is a precise legal and medical concept. It must not be confused with an arrêt de travail (sick leave prescribed by a general practitioner due to illness) or with invalidité (disability categorised by the Social Security system to open pension rights).
Unfitness is declared exclusively by the _médecin du travail_ (occupational physician). It occurs when the employee's state of health has become permanently incompatible with their workstation, and no measures for adjusting, adapting, or transforming this workstation are feasible.
The Code du travail (French Labour Code) distinguishes two origins of unfitness, which has a major impact on severance pay:
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Since recent labour law reforms, the procedure for declaring unfitness by the occupational physician is strictly regulated to guarantee the rights of each party. To declare an employee unfit, the occupational physician must obligatorily carry out:
1. At least one medical examination of the individual (a second examination can be carried out within a period of 15 days if the doctor deems it necessary).
2. A study of the workstation.
3. A study of the working conditions in the establishment.
4. An exchange with the employer to allow them to present their observations on the proposed adjustments or reassignment measures under consideration.
It is only at the end of these steps that the occupational physician issues their avis d'inaptitude (unfitness notice). This notice is binding on both parties, unless an appeal is filed before the Conseil de prud'hommes (French labour tribunal) in summary proceedings within 15 days of its notification.
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As soon as the unfitness notice is notified, the employer is bound by an obligation to search for reclassement (reassignment). They must offer the employee another job appropriate to their abilities, within the company and, if applicable, within the companies of the group to which it belongs, located on French national territory.
The job offered must be as comparable as possible to the job previously held, if necessary through the implementation of measures such as transfers, adjustments, adaptations, or transformations of workstations, or the adjustment of working hours.
There are two exceptional situations, provided for by Article L. 1226-2-1 (non-occupational origin) and Article L. 1226-12 (occupational origin) of the Code du travail, where the employer is legally exempt from searching for reassignment. This is the case when the occupational physician's notice expressly mentions one of the following two phrases:
If one of these statements appears word-for-word on the notice, the employer can proceed directly to dismissal, without carrying out a search for reassignment or consulting the employee representatives.
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If the employee is not exempted from reassignment by the occupational physician, the employer must follow a very precise legal path, marked by strict deadlines.
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[Unfitness notice from the occupational physician]
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▼
[Search for reassignment (1-month deadline)] ──► [Consultation of the CSE]
│
┌──────────┴──────────┐
▼ ▼
[Job found] [No job / Refusal by the employee]
│ │
▼ ▼
[Contract amendment] [Dismissal procedure]
│
▼
[Notification of dismissal]
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The employer must actively search for available positions internally and within the group. At the same time, they must obligatorily consult the Comité Social et Économique (CSE, the Social and Economic Committee), if one exists in the company, regarding the proposed reassignment offers. This consultation must imperatively take place after the unfitness notice and before a job is proposed to the employee.
The employer summons the employee to an entretien préalable au licenciement (preliminary dismissal interview). The convocation letter must be sent by lettre recommandée avec accusé de réception (LRAR, registered mail with acknowledgement of receipt) or delivered by hand against a signed receipt. A minimum period of 5 working days must be respected between the presentation of this letter and the date of the interview.
During the interview, the employer explains the reasons for the termination (unfitness and impossibility of reassignment). The notification of dismissal cannot be sent less than 2 working days after the interview.
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Time is a crucial factor in managing unfitness. The legislature has put in place financial safeguards to prevent the employee from finding themselves without resources.
According to Articles L. 1226-4 and L. 1226-11 of the Code du travail, if at the expiration of a 1-month deadline from the date of the medical examination of unfitness, the employee is neither reassigned nor dismissed, the employer is required to pay them the salary corresponding to the job they held before the suspension of their employment contract. This payment is mandatory even if the employee performs no work.
The calculation of severance pay depends directly on the origin of the unfitness.
| Type of Indemnity | Unfitness of NON-Occupational Origin | Unfitness of Occupational Origin |
| :--- | :--- | :--- |
| _Indemnité de licenciement_ (Severance pay) | Legal severance pay (or conventional if more favourable). 1/4 of a month's salary per year of service up to 10 years, then 1/3 of a month's salary beyond that. | Special severance pay equal to double the legal severance pay (unless collective agreement provisions are more favourable). |
| _Indemnité compensatrice de préavis_ (Notice period compensation) | Not due (as the employee is physically unable to perform their notice period), unless contrary collective agreement provisions exist. The notice period is, however, taken into account for seniority. | Fully due (amount equal to the remuneration the employee would have received had they worked). |
| _Indemnité compensatrice de congés payés_ (Paid leave compensation) | Due for accrued and untaken paid leave. | Due for accrued and untaken paid leave. |
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To better understand the financial impact of these rules, let us analyze two typical situations.
Marie has been an administrative secretary in a company for 8 years. Her reference salary is €2,000 gross. Following a chronic illness, she is declared unfit of non-occupational origin, with no possibility of reassignment.
$$\text{Calculation}: €2,000 \times \frac{1}{4} \times 8 \text{ years} = €4,000$$
Marie will receive a severance payment of €4,000 (exempt from social security contributions and income tax within legal limits).
Thomas has been a maintenance technician for 5 years. His reference salary is €2,500 gross. He is declared unfit following a workplace accident. Reassignment proves impossible.
$$\text{Basic legal calculation}: €2,500 \times \frac{1}{4} \times 5 \text{ years} = €3,125$$
$$\text{Doubled severance pay}: €3,125 \times 2 = €6,250$$
Thomas will receive €6,250 as his special severance pay.
$$2 \text{ months} \times €2,500 = €5,000 \text{ gross}$$
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Yes. Dismissal for unfitness (whether of occupational origin or not) entitles you to unemployment benefits from Assurance chômage (France Travail), subject to meeting the classic affiliation conditions (minimum contribution period). Being declared unfit for your specific job does not mean you are unfit for any job on the employment market.
The unfitness notice ends the suspension of the employment contract related to the sick leave regarding fitness for the post. The employer can therefore fully initiate the reassignment and dismissal procedure, even if the employee submits new sick leave certificates from their general practitioner during this period. These certificates do not interrupt the 1-month deadline given to the employer to reassign or dismiss.
Unfitness is a purely professional concept assessed by the occupational physician with regard to a specific workstation in a given company. Disability is a social security concept, assessed by the medical advisor of the CPAM (local health insurance fund), who notes a reduction of at least 2/3 of the employee's general working or earning capacity. An employee can be classified under category 2 disability by the CPAM while remaining an employee of their company as long as the occupational physician has not declared them unfit.
Yes. Teleworking is a method of executing the employment contract. If the employee's state of health prevents any activity, including remote work, or if the teleworking environment worsens their pathology, the occupational physician can declare total unfitness, after verifying that no other adjustment is possible.
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Legal information for guidance only, not personalised legal advice. For your specific situation, ask your question free of charge on AvocatAI — answers based on French law, in your language.