The law carrying modernization of the job market of June 25th made amendments, on social matters, in various fields. A point however was not the development purpose many. It is however important to specify it. It is that of the complementary compensation in the event of disease or industrial accident.
From now on, the condition of seniority to be able to profit from the allowances complementary to the employer is not more than 3 years but one year only. This condition is implemented as well for the legal compensation for the disease and the nonprofessional accidents as for the legal compensation for the occupational disease and industrial accidents.
In addition, the decree taken for the implementation of this law lowers the waiting period to profit from the compensation for the nonoccupational disease: the aforementioned passes from 10 days to 7 days. The employee from now on is compensated by the employer as of the 8th day for stop.
The code of the social security was reformed, and provides that from now on, the authorized hours of exit are determined by the doctor, and cannot exceed 3 hours consecutive per day. The mention “left free” thus is not authorized any more. But the new printed papers form of CPAM are not yet available. This reform is thus for difficult to implement. And this more than paid and employers are not necessarily informed of this new legislation. It is thus delicate to sanction an employee who would be absent at the time dune medical check inspection, but which would adhere to work “left free” issued by its doctor.
During a sick leave, the doctor can authorize the employee with . The exits are authorized 10:00 with 12:00 and 16:00 with 18:00.
The Court of appeal decides that when the attending physician was marked on the sick leave “left free”, the employee which conforms to this indication does not make any fault likely to justify a sanction. Consequently, CPAM cannot abolish the daily allowances in case of paid at the time control.
Cass. ., 2nd CH., March 9th, 2006
April 7th, a circular was taken by the Minister for Labor. It brings precise details on the implementation of the new rules posed in July 2004 on the company doctor…
The employer, before laying off an inapt employee, must at all events seek all the possibilities of reclassification.
That is worth even if the company doctor excludes itself any possibility of reclassification in any post in the firm… (Court of appeal, January 12th, 2005)
The dismissal of an employee in sick leave can be justified by the need for replacing it in a final way. But still it is necessary that the recruitment of the substitute intervenes in a “reasonable” time and not several months after so that the dismissal is sufficiently justified… (decision of the Court of appeal of November 10th)
The period protection against the dismissal extends during all the leave maternity and the 4 weeks which following the expiry of the leave.
The date of the medical visit of recovery does not affect any this time of protection. The 4 weeks start to run as of the end of the maternity leave and not starting from this inspection. (Court of appeal, September 29th, 2004)
In the event of inexcusable fault of the employer, all the ascending ones and descendants of a National Insurance contributor,
deceased following an occupational disease or industrial accident, can claim
with the repair of their moral wrong, which they are or not having right within the meaning of the social security.
(Cass. 2nd ., June 22nd, 2004, N O 52 92 283, SA Alstom Turboshaft engines C and A.)
The psychological disorders, consequences of an emotional shock caused by an aggression on the work place, constitute an industrial accident.
(Cass. 2nd ., June 15th, 2004, N O 12 36 797, CPAM d' Indre-et-Loire C Airspeed indicator and A.)