What are the Sick Leave Entitlements in France? What Process should employees follow?

Sick leave in France is regulated to ensure employees are supported during illness or injury. Whether the incapacity is due to a workplace accident, an occupational disease, or another health issue, the French system offers various forms of compensation.

Notification to Employer

When an employee is unable to work due to illness or injury, they must notify their employer within 24 hours. The notification should include the reason for the absence and the expected duration of the leave.

Medical Confirmation Certificate

Within 48 hours of the first day of absence, the employee must provide a confirmation certificate from their attending doctor. This certificate is essential for the employee to receive compensation during their sick leave. Additionally, the employer may require a counter-medical check by another doctor to confirm the validity of the sick leave.

Temporary Inability to Work (Less Than 90 Days)

If an employee is temporarily unable to work for less than 90 days, their salary is partially compensated by different entities depending on the cause of the incapacity:

Workplace Accident or Occupational Disease:
- Public Health Insurance Fund (CPAM): Employees receive daily allowances from the Caisse primaire d’assurance maladie (CPAM), known as indemnités journalières de Sécurité sociale.
- Complementary Collective Health Coverage: If the employee is covered under a complementary health plan, additional allowances (allocations versées par le régime de prévoyance) may be provided.
- Employer’s Contribution: If the compensations from CPAM and the complementary coverage do not fully cover the employee’s salary, the employer is required to pay an additional sick leave allowance (allocations maladies versées par l’employeur), provided the employee has submitted the necessary medical confirmation certificate.
Non-Workplace-Related Incapacity:
- Public Health Insurance Fund (CPAM): Employees still receive daily allowances from CPAM.
- Complementary Collective Health Coverage: Additional allowances may be provided depending on the employee's health coverage.
- Employer’s Contribution: The employer must top up the salary if the compensations from CPAM and complementary coverage are insufficient, but this applies only if the employee has at least one year of seniority and has provided the required medical certificate.

How Sick Leave Allowance is Calculated

The calculation of sick leave allowance varies based on the employee's position and years of service:

IC Positions (Cadre Employees):
- 1 year of seniority: The first three months of absence are paid at 100% of the salary by CPAM.
ETAM Positions (Non-Cadre Employees):
- 1 to 5 years of service: The first month of absence is paid at 100% of the salary by CPAM, followed by 60% compensation for the next month.
- 5+ years of service: The first two months of absence are paid at 100% of the salary by CPAM, followed by 80% compensation for the third month.

If an employee reaches one year of service while already on sick leave, their compensation will be adjusted to reflect the higher rate from that point onward.

Temporary Inability to Work (More Than 90 Days)

For absences extending beyond 90 days, salary compensation is no longer managed by the Public Health Insurance Fund (CPAM). Instead, it is covered by the Pension System (Régime de Prévoyance).

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