Absenteeism and Counter-Visits: Crucial Information to Prevent Penalties
In the world of work, it's crucial to understand the ins and outs of sick leave and medical check-ups. So, let's shed some light on this topic with Nathalie Godard, a labor law whiz and editorial product manager at Éditions Tissot, a powerhouse in labor law for over 40 years.
First things first, an employer can request a medical check-up during your sick leave, but only when they're helping you with your Social Security daily allowances. The caveat? They have to have at least one year of seniority under their belt. If your employer isn't obligated to maintain your salary, any medical check-ups they request are a no-go. Your collective agreement might also specify the situations warranting a medical examination.
Now, let's dive into the nitty-gritty details of the medical check-up itself. If you're on sick leave, it's essential that you keep your boss in the loop, letting them know your whereabouts (other than home) and the hours they can swing by for the check-up (if you're on "free exit" sick leave). Your employer chooses the doctor for the job, who'll decide whether your sick leave is justified and its length.
The check-up can happen at any time and at any location, with the doctor deciding whether to pay a visit to your home or office. If your condition doesn't allow for this, make sure to inform them and provide reasons. If you're on "free exit" sick leave, the doctor can show up whenever they feel like it, even outside the specified hours — unless you've told your employer otherwise. You cannot refuse the medical check-up, but there are a few exceptions: medical examinations or appointments at the same time, painful clinical examinations, a capacity notice issued by the occupational physician, and situations where the controlling doctor isn't a licensed medical professional or isn't properly representing the employer.
At the end of their examination, the doctor must inform your employer whether your sick leave is justified or not. If they're unable to examine you or find it impossible due to your actions, they must also report their findings to the CPAM's medical control service within 48 hours. This information will then be passed on to you, and it could affect the daily allowances you receive during your sick leave.
The employer may stop your salary maintenance if the doctor concludes that your sick leave isn't justified or finds it impossible to examine you. It's important to note that this loss of the supplementary allowance doesn't have any retroactive effect, meaning you won't be penalized for days prior to the doctor's decision.
If you're dissatisfied with the doctor's opinion, you can petition for a court-appointed expert doctor to mediate between your treating doctor and the doctor who performed the follow-up visit. The expert's conclusions are binding, and if they validate your sick leave, your salary supplement must resume.
In case of an extension of your sick leave, you regain your right to indemnification. Bear in mind that employers should not abuse their power by scheduling too many medical check-ups, as it could be considered as moral harassment.
Lastly, beware of fake sick leaves. Proposed laws are looking to crack down harder on employees who Misrepresent their health problems.
Now that you're well-versed in sick leave and medical check-ups, it's time to take your career to the next level. Discover the perfect professional training for you with our specialized search engine (in fields like Sales, Management, Project Management, Languages, and Health) and consult an advisor to guide you through your choices.
- Nathalie Godard, a labor law expert and editorial product manager at Éditions Tissot, advocates for workplace-wellness and health-and-wellness, providing insight on sick leave and medical check-ups.
- In certain situations, an employer may request a medical check-up during an employee's sick leave to determine conditions of leave and eligibility for Social Security daily allowances.
- During the medical check-up, therapies and treatments for mental health issues could be discussed, reflecting the growing importance of employee health within the realm of real estate and beyond.
- It's essential for employees to cooperate in the check-up process, communicating their whereabouts and availability for medical examination, while always respecting their own medical limitations.
- In pursuit of a healthier and more harmonious work environment, it's crucial to create awareness around the misrepresentation of health problems, as new proposals seek to enforce stricter measures against fake sick leaves.
