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HANDLING THE RETURN OF AN EMPLOYEE AFTER A LONG SICK LEAVE

Published on : 30/07/2024 30 July Jul 07 2024
Newsletter / Do’s and Dont’s

DO
The French Labour Code sets some obligations that the employer must implement after an employee’s long sick leave, in particular:
  • organize the resumption visit (“visite de reprise”) with the occupational doctor in case of return after a maternity leave or an absence due to an occupational illness of any duration, after an absence of at least 30 days due to a vocational accident, or after an absence of at least 60 days due to a non-vocational illness or accident. The resumption visit, which must take place within the 8 calendar days after the employee resumes work, officially ends the suspension of the employment contract. This is why, in practice, the employers usually exempt the employee from work, while maintaining his remuneration, until the resumption visit has taken place;
  • systematically suggest a professional interview (“entretien professionnel”) to an employee returning to work after a long sick leave, in order to exchange about his professional expectations;
  • reinstate the employee in his last job position or, if it is not available anymore, in a similar one (i.e. same professional qualification, same hierarchical level) with an equivalent remuneration;
  • inform employees of the number of days of paid leave acquired and not used and the deadline by which these days must be taken. This information must be made by any means (e.g. by a letter handed over against acknowledgement of receipt) and within 1 month after the employee resumes work.

DON'T
  • forget to organize the resumption visit upon the employee’s return to work or contact the occupational doctor at the end of the 8 calendar days;
  • neglect the employee’s return at work by providing him a job position which is not his former one or lower in terms of responsibilities, hierarchical level, remuneration, etc.;
  • forget to suggest a professional interview to the employee or to inform him about his paid leave rights.

Otherwise, some sanctions may apply. In particular, should the employer forget to organize the resumption visit, the employee could allege for a constructive dismissal (“prise d’acte de la rupture”), and ask for the relating payments and damages.
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