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The medical examination

Published on : 12/11/2024 12 November Nov 11 2024
Newsletter / New legislation
Newsletter

Decree no. 2024-692 of July 5th, 2024, details how employers can appoint a doctor to carry out a « second-opinion » medical examination should they suspect employees to be on unjustified sick leave. In particular:
 
  • the employee on sick leave must immediately inform their employer of:
o where they are residing if this is at a different location from the home address they have provided to their employer;
o the times at which a “second-opinion” medical examination can be carried out, namely if the employee has been allowed to be absent from their residence during certain hours in the day by their doctor.
 
  • A “second-opinion” medical examination may be carried out at any time during the employee's absence from work. The doctor can decide: 
o Either to visit ,without having to give prior notice, the employee at home (or place of residence as indicated by the employee),  during the hours when the employee has not been allowed to be absent from their residence; 
o Or, summon the employee to attend an medical appointment at the doctor's office, 
 
  • Once the “second-opinion” medical examination has been completed, the doctor must inform the employer: 
o Either whether the sick leave is justified or unjustified; 
o Or if they were not able to carry out the “second-opinion” medical examination due to the employee (e.g. absence from home outside the authorised hours, refusal to attend the appointment) 

Should the sick leave be deemed unjustified or if the “second-opinion” medical examination could not be carried out, the employer may suspend payment of the employee’s sick leave allowance. However, this cannot constitute grounds for disciplinary sanctions.
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