Whether you are on a permanent contract (CDI - contrat à durée indéterminée), a fixed-term contract (CDD - contrat à durée déterminée), a temporary worker, or even a newly arrived expat in France, sick leave (arrêt de travail pour maladie) is an essential protective mechanism of French labor law. However, it is governed by strict rules. Between the potential drop in income, the administrative steps to complete within very tight deadlines, and the risk of an employer-mandated medical check, it is easy to get lost. This comprehensive guide, written by our legal experts, explains your rights in detail, how your sick pay is calculated, and how employer medical checks work so you can navigate this period with peace of mind.
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Sick leave for a non-occupational illness or injury temporarily suspends your employment contract. During this period, the employee is exempt from performing their work duties, and the employer is exempt from paying their salary (subject to salary maintenance rules).
An employee on sick leave benefits from relative protection. According to Article L. 1132-1 of the Code du travail (French Labor Code), no employee can be dismissed because of their state of health. Any such dismissal would be deemed null and void as it is discriminatory.
However, dismissal remains possible during sick leave in two specific cases:
During sick leave, although the contract is suspended, the obligation of loyalty toward the employer remains. The employee must not engage in any professional activity (whether paid or unpaid), under penalty of having to repay the benefits received and facing dismissal for gross misconduct (faute grave). Furthermore, the employee must respect the mandatory hours of presence at their home set by the doctor (generally from 9:00 AM to 11:00 AM and from 2:00 PM to 4:00 PM), except in cases of medically justified free outings (sorties libres).
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To remain in good standing and avoid any suspension of your benefits, you must scrupulously follow these four steps:
Consult your attending physician (médecin traitant) or a general practitioner. If they believe your health status justifies it, they will issue a sick leave certificate (avis d'arrêt de travail). This certificate consists of three parts:
You have a strict deadline of 48 hours (Article R. 321-2 of the Code de la sécurité sociale - French Social Security Code) to send:
Upon receiving your sick leave notice, your employer must submit a salary certificate (attestation de salaire) to the CPAM. This document is essential for the Social Security services to calculate and trigger the payment of your daily allowances (IJSS - indemnités journalières de Sécurité sociale).
At the end of your sick leave, you must return to your post. If your health has not improved, you must consult your doctor again before the end of the initial leave to obtain an extension (prolongation), which must be sent within the same 48-hour deadline. If your sick leave lasted more than 60 days (for leave starting after April 1, 2022), a pre-return visit (visite de pré-reprise) with the occupational health services (médecine du travail) is mandatory.
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During your sick leave, your usual salary is suspended. Subject to certain conditions, you will receive daily allowances from Social Security (IJSS), which may be topped up by your employer.
To be eligible for IJSS during a sick leave of less than 6 months, you must prove at least 150 hours of work during the 3 calendar months preceding the leave, or have contributed on a salary at least equal to 1,015 times the hourly SMIC (French minimum wage) during the preceding 6 months.
The calculation of the basic IJSS is carried out as follows:
1. The basic daily earnings are calculated: the sum of the last 3 gross monthly salaries divided by 91.25.
2. The gross salary taken into account is capped at 1.8 times the monthly SMIC in force (i.e., €3,180.46 gross per month in 2024). The maximum basic daily earnings are therefore capped at €104.52.
3. The IJSS corresponds to 50% of this basic daily earnings figure.
4. The maximum amount of the IJSS is therefore capped at €52.26 gross per day in 2024.
The waiting period: The IJSS are only paid after a waiting period (délai de carence) of 3 days. Payment therefore begins on the 4th day of the sick leave.
Under Article L. 1226-1 of the Code du travail, if you have at least 1 year of seniority in the company, your employer must pay you a supplementary allowance to partially maintain your compensation, provided you have sent your sick leave certificate within 48 hours and are covered by the CPAM.
Please note: Many collective agreements (conventions collectives) provide for "100% salary maintenance" from the very first day of absence, thereby eliminating the waiting days of both the CPAM and the employer. Always check your collective agreement.
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To better understand these complex calculation rules, here are two concrete simulations.
Thomas has 2 years of seniority in his company. His collective agreement is not more favorable than the law. He is placed on sick leave for 15 days in March 2024. His gross salary is constant at €2,400 per month.
Sofia has 4 years of seniority and earns €4,500 gross per month. Her national collective agreement (CCN - convention collective nationale) provides for 100% salary maintenance with no waiting period from one year of seniority. She is on sick leave for 10 days.
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As soon as the employer pays a salary top-up (whether statutory or under a collective agreement), they have the right, in return, to verify the reality of the employee's illness through a doctor of their choice. This is known as an employer-mandated medical check (contre-visite médicale or contrôle médical patronal, under Law No. 78-49 of January 19, 1978).
The employer appoints an independent doctor (who is not the company's occupational health doctor). This doctor can show up at the employee's home without prior notice:
The employee is obliged to submit to this clinical examination. They cannot refuse the checking doctor entry to their home.
The checking doctor delivers their conclusions immediately. Three situations can occur:
1. The employee is genuinely ill: The sick leave continues normally, and the salary top-up is maintained.
2. The doctor deems the employee fit to return to work: The doctor informs the employer and the CPAM. The employer is then entitled to suspend the payment of the salary top-up for the remaining period of the leave. Technically, the employee should return to work, although the initial sick leave certificate remains valid regarding Social Security (unless the CPAM itself decides to suspend its IJSS after its own examination).
3. The employee is absent or refuses the check: If the employee is absent from their home outside of authorized outing hours, or if they refuse to let the doctor in, the employer can immediately suspend the payment of the salary top-up.
Important note: The checking doctor is bound by medical secrecy. They cannot reveal the diagnosis or the nature of the illness to the employer. They must only indicate whether the sick leave is medically justified or not.
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To avoid financial or disciplinary penalties, make sure you do not make these common mistakes:
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No, direct dismissal due to illness is strictly prohibited and discriminatory. However, if your repeated or prolonged absences seriously and objectively disrupt the running of the business, and the employer demonstrates the necessity to permanently replace you by hiring another employee on a permanent contract (CDI), the dismissal may be deemed legal by the courts.
Absolutely not. Sick leave suspends all professional activity. Engaging in another activity, even voluntary or as a freelancer (auto-entrepreneur), constitutes a serious breach of your obligation of loyalty to your employer and is considered fraud against Social Security. You risk having to repay all IJSS received, financial penalties, and dismissal for gross misconduct (faute grave).
If you fall ill during your paid annual leave (congés payés), you can combine your holiday pay with the daily allowances (IJSS) from Social Security (unless collective agreements state otherwise). According to European case law, which is now aligned with French law, your holiday days lost due to illness must be postponed to a later date. You do not lose your vacation days.
No. The doctor appointed by your employer does not have the legal power to cancel the sick leave certificate written by your attending physician. They simply transmit their findings to the employer. If the checking doctor deems you fit, you can choose to stay home until the end of your sick leave, but your employer will stop paying the salary top-up from the date of the check.
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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.