Control of an employee on sick leave: what are the rules?

General scenario

In which cases can the employer organize a check?

If the employer pays supplementary allowances to the employee during the sick leave, he can practice a medical check-up by the doctor of his choice. This physician must be independent and not have a private relationship with the employer to ensure impartiality.

The doctor shall decide whether the stoppage of work is justified, including its duration. The counter-visit also makes it possible to verify that the employee is present at your home or place of rest during the hours of exit ban.

How does the counter-visit take place?

It's the doctor which decides of the place and time of the counter-visit. It may take place:

• Either at employee's home or place of rest which the employee communicated in his work stoppage. The employee is not notified in advance. The counter-visit may take place at any time. However, it cannot intervene during the authorized hours of departure (the employee must remain present at his home from 9 am to 11 am and from 2 pm to 4 pm) or the hours that the employee has communicated to his employer in case of authorized free departure. In the latter case, the employee must inform his employer of the exact exit times. In the event of non-information, the employee risks the suspension of the additional allowances paid by the employer.
• Either at doctor's office, following a summons sent to the employee, specifying the date and time of the check. If the employee is unable to travel, in particular because of his state of health, he must inform the doctor and specify the reasons.

What are the rules in case of authorized exit?

The counter-visit cannot not take place:

• during authorized hours of exit
• or outside the hours that the employee has communicated in case of free outings. In this case, the employee must indicate to his employer the hours during which he may be absent from his home.

What happens after the counter-visit?

After the counter-visit, the doctor informs the employer whether the work stoppage is justified.

He must also inform him if he was unable to carry out the check, in particular if the employee refused to go to the appointment following the summons to the firm or if he was absent during the visit to his home or his place of rest.

The employer shall transmit this report to the employee without delay.

What are the consequences if the counter-visit could not be carried out?

In the event that the counter-visit could not be held due to theabsence of the employee or his refusal of control, the employer may termination of the payment of supplementary allowances.

However, if the absence of the employee is justified (for example, a medical appointment), the employer cannot suspend the payment of the additional allowances. The employee must then transmit to the employer any documentary evidence explaining his absence (medical appointment certificate, summons, certificate,...).)

It is up to the employer to prove that the medical check-up could not take place because of the employee's absence or refusal.

What is the follow-up with the Social Security Agency?

If the medical controller was unable to carry out the visit, he shall inform the CPAM: titleContent or the MSA: titleContent, in writing, within 48 hours. The same applies if the doctor decides that the sick leave is not justified.

The Social Security Agency may then:

• Terminate the payment of daily allowances. The employer is informed of the end of the payment.
• Or a re-examination by the employer's physician. This re-examination must be carried out when the doctor's report states that he was unable to carry out the medical re-examination.

If the medical controller considers that the sick leave is not justified and orders the return to work, the employee must return to work on the date specified in his conclusions.

If the employee refuses to return to work, the payment of the supplementary allowances may be interrupted.

Is it possible to dispute the doctor's conclusions?

If the employee wishes challenge the findings of the medical controller, it may request another counter-visit or seek the opinion of a judicial expert from the Labor Court (CPH).

In the event of suspension of supplementary benefits by his employer, the employee may request from his health insurance fund, within 10 days, that his situation be examined by the medical control department (medical consultant).

In addition, if the employee disputes the conclusions of the doctor appointed by his employer, he may request a new counter-visit or seek the opinion of a judicial expert.