Sick Leave Pay in France: How Salary Maintenance Works

In France, taking sick leave (arrêt de travail pour maladie) does not necessarily mean a total loss of income. Thanks to national solidarity mechanisms and the employer's legal obligations, private-sector employees can benefit from salary maintenance (maintien de salaire), either in full or in part. However, between waiting periods (délais de carence), seniority conditions, and the specific rules of collective bargaining agreements, navigating your rights can sometimes feel like an obstacle course. Whether you are an employee, an employer, or a foreign resident discovering French labour law, this comprehensive guide written by AvocatAI explains in detail how compensation during sick leave works.

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The Dual Mechanism of Compensation: IJSS and Employer Top-Up

To understand salary maintenance, you must first grasp that your compensation during sick leave relies on two distinct but complementary pillars: Daily Social Security Allowances (Indemnités Journalières de la Sécurité Sociale or IJSS) and the salary top-up paid by the employer.

1. Daily Social Security Allowances (IJSS)

Paid by the Primary Health Insurance Fund (Caisse Primaire d'Assurance Maladie or CPAM), the IJSS form the foundation of your replacement income.

• Base Amount: In principle, they amount to 50% of your basic daily wage. This basic wage is calculated on the average of your 3 last gross salaries received before the sick leave.
• Cap: The gross salary taken into account is capped at 1.8 times the monthly SMIC (French minimum wage) in force. Thus, the maximum amount of a basic daily IJSS is €52.28 gross per day (rate in force in 2024).
• Waiting Period: Social Security applies a legal waiting period (délai de carence) of 3 days. This means that IJSS payments only begin on the 4th day of sick leave.

2. The Employer's Salary Top-Up (The Monthly Payment Law)

Under Article L. 1226-1 of the French Labour Code (Code du travail), the employer has a legal obligation to top up the Social Security IJSS to guarantee the employee salary maintenance, subject to meeting certain seniority conditions.

• Seniority Condition: The employee must have at least 1 year of seniority in the company on their first day of absence.
• Employer Waiting Period: The law provides for a waiting period of 7 days for each sick leave. The payment of the employer's top-up therefore begins on the 8th day of absence (except in the case of a work accident or occupational illness, where payment begins on the 1st day).
• Coverage Level: Legal salary maintenance is carried out in two phases:
• During the first 30 days of compensation: the employee receives 90% of their usual gross salary (including the IJSS).
• During the following 30 days: this compensation is reduced to 66.66% (two-thirds) of the gross salary.

These 30-day periods are increased by 10 days for every 5-year bracket of additional seniority beyond the first year, up to a maximum of 90 days for each compensation period.

3. The Crucial Impact of Collective Bargaining Agreements

Article L. 1226-1 of the Labour Code only sets the minimum legal framework. In France, the vast majority of employees are covered by a National Collective Bargaining Agreement (Convention Collective Nationale or CCN).

Many collective agreements (such as Syntec, metallurgy, or banking) provide for provisions that are much more favourable than the law:

• Salary maintenance at 100% (full maintenance) from the very first day of leave, thereby eliminating the waiting days.
• The removal of the one-year seniority condition.
• An extended compensation period beyond the legal 60 days.

The "favour principle" (principe de faveur) in French labour law dictates that the rule most advantageous to the employee (whether the law or the collective agreement) must always apply.

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Practical Steps: Step-by-Step Guide to Obtaining Your Salary Maintenance

To ensure the payment of your allowances without delay, you must strictly follow a specific protocol and respect rigorous legal deadlines.

Step 1: Consult a Doctor and Obtain a Sick Leave Certificate

As soon as your health condition no longer allows you to work, you must consult a doctor (general practitioner or specialist). If they deem it necessary, they will issue a sick leave certificate (avis d'arrêt de travail) consisting of three parts (volets).

Step 2: Send the Sick Leave Certificate Within 48 Hours (Legal Deadline)

This is the most critical step. You have a strict deadline of 48 hours to send your sick leave certificate:

• Parts 1 and 2 must be sent to your health insurance fund (CPAM). Note: many doctors now electronically transmit these parts directly to the CPAM.
• Part 3 must be sent to your employer (by post, email with acknowledgment of receipt, or delivered by hand against a signed receipt).

Step 3: The Salary Certificate Issued by the Employer

Upon receiving your Part 3, your employer is legally required to transmit a salary certificate (attestation de salaire) to the CPAM (usually via the Déclaration Sociale Nominative or DSN, the simplified digital payroll reporting system). This document allows Social Security to calculate the amount of your IJSS.

Step 4: Choosing the Payment Method (Subrogation)

Two payment scenarios may occur:

1. Without Subrogation: The CPAM pays your IJSS directly to you (every 14 days on average). In parallel, your employer pays you the salary top-up on your usual payslip.

2. With Subrogation (subrogation): The employer advances your full maintained salary and receives the IJSS directly from the CPAM in your place. This is the simplest solution for the employee, as it prevents any break in cash flow. Subrogation is often mandatory if it is provided for by the collective agreement.

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Concrete and Numerical Examples of Salary Maintenance Calculations

To better understand how these complex rules apply, let us analyze two concrete situations based solely on the legal regime (without a more favourable collective agreement).

Example 1: The Case of Thomas (Employee with less than one year of seniority)

Thomas is a graphic designer. He joined his company 8 months ago and receives a gross monthly salary of €2,400 (which is a basic daily wage of approximately €80). He catches a severe flu and is prescribed a 10-day sick leave.

• Compensation by the CPAM (IJSS):
• The CPAM applies a 3-day waiting period. Thomas will only be compensated from the 4th day, meaning for 7 days.
• The amount of his IJSS is 50% of his basic daily wage: €80 x 50% = €40 gross / day.
• The CPAM will pay him: 7 days x €40 = €280 gross.
• Compensation by the Employer:
• Since Thomas has less than one year of seniority (8 months), he does not meet the legal condition to benefit from the employer's top-up.
• The employer will not pay him any top-up.
• Outcome for Thomas: For his 10 days of absence, he will have lost the equivalent of his full pay for the first 3 days, and 50% of his pay for the following 7 days. He will have received €280 instead of his usual €800 salary over this period.

Example 2: The Case of Sophie (Employee with 3 years of seniority)

Sophie is an accountant. She has been working in her company for 3 years and receives a gross salary of €3,000 per month (which is a basic daily wage of €100). She is on sick leave for 20 days following a non-professional surgical procedure.

• Compensation by the CPAM (IJSS):
• Application of the CPAM's 3-day waiting period. She is compensated for 17 days.
• Amount of the IJSS: €100 x 50% = €50 gross / day.
• Total paid by the CPAM: 17 days x €50 = €850 gross.
• Compensation by the Employer (Legal Top-Up):
• Sophie has more than one year of seniority. She is entitled to the employer's top-up after an employer waiting period of 7 days.
• The employer starts paying on the 8th day of the leave. The employer must therefore compensate 12 days under the 90% maintenance rate.
• The target daily wage at 90% is €90 (90% of €100).
• Since the CPAM already pays Sophie €50 per day, the employer must pay the difference, which is a €40 daily top-up (€90 - €50).
• Total paid by the employer: 12 days x €40 = €480 gross.
• Outcome for Sophie: For her 20 days of leave, Sophie receives a total of €1,330 gross (€850 from the CPAM + €480 from the employer) instead of her usual €2,000 gross. Her financial loss was significantly limited thanks to the legal employer top-up.

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Mistakes to Avoid During Sick Leave

A simple procedural error or inappropriate behaviour during your sick leave can lead to the suspension of your daily allowances and salary maintenance, or even disciplinary sanctions.

• Exceeding the 48-hour sending deadline: If you send your sick leave certificate late to the CPAM, they can reduce your IJSS by 50% for the period between the prescription date and the sending date. On the employer's side, an unjustified delay can be classified as an unauthorized absence, opening the door to disciplinary proceedings.
• Failing to respect authorized outing hours: Unless your doctor has explicitly written "free outings" (sorties libres) on your certificate for medical reasons, you must remain at home from 9:00 AM to 11:00 AM and from 2:00 PM to 4:00 PM (including Saturdays, Sundays, and public holidays). In the event of a check by the CPAM or the employer (an employer's medical counter-examination or contre-visite patronale) and an unjustified absence during these hours, your allowances will be cut.
• Engaging in another activity (even voluntary or as a freelancer): It is strictly forbidden to engage in any activity, whether paid or unpaid, during sick leave, unless you have prior written authorization from your treating doctor and the CPAM (for example, as part of therapeutic work). Working for another employer or managing your own micro-business (auto-entrepreneur) during sick leave constitutes serious fraud.
• Leaving your department of residence without prior agreement: If you wish to spend your recovery period with your family or take a few days of rest in another region, you must request prior written authorization from your CPAM at least 15 days before your departure. Otherwise, you risk the immediate suspension of your IJSS.

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FAQ: Frequently Asked Questions About Salary Maintenance

Can my employer refuse to pay me salary maintenance?

No, if you meet the legal conditions (notably one year of seniority) or those in your collective agreement, salary maintenance is a public policy legal obligation. However, the employer can suspend this payment if they mandate a doctor to perform a medical counter-examination at your home and you refuse this check, or if the examining doctor deems that your sick leave is not medically justified.

What about salary maintenance for part-time employees?

Part-time employees have exactly the same rights to salary maintenance as full-time employees. The calculation is made pro-rata to their usual compensation. Seniority conditions (1 year) are assessed in the same way, regardless of the working hours stipulated in the contract.

Is salary maintenance subject to social security contributions?

Yes. The salary top-up paid by the employer is considered employment income. It is therefore subject to all social security contributions (pension, unemployment, provident fund) and income tax. The IJSS, on the other hand, are not subject to standard social security contributions but are subject to the CSG (at a rate of 6.2%) and the CRDS (at a rate of 0.5%), and are also included in the calculation of withholding tax (prélèvement à la source) for income tax.

What happens if I fall sick during my paid annual leave?

If you fall sick before your scheduled holiday, your paid annual leave (congés payés) is postponed. You will then receive your IJSS and any applicable salary maintenance. If you fall sick during your paid leave, European rules require the postponement of untaken leave days, but French law remains complex on this point. In practice, you combine your paid leave allowance paid by the employer and the IJSS from the CPAM, but the employer does not have to pay an additional salary top-up.

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Summary

• Salary maintenance relies on combining Daily Social Security Allowances (IJSS) and the employer top-up.
• The law requires 1 year of seniority in the company to benefit from the employer's top-up, after a waiting period of 7 days.
• Collective bargaining agreements very often provide for significantly more advantageous conditions (100% maintenance, removal of the waiting period or seniority requirement).
• You must send your sick leave certificate to your employer and the CPAM within 48 hours.
• Failure to respect outing hours or engaging in unauthorized activity during your leave exposes you to the total loss of your allowances.

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.