The disease and the sick leave

When the employee falls ill, he is necessary to distinguish two situations:
the accident or the nonoccupational disease on the one hand, and the industrial accident or the occupational illness on the other hand.

In addition, when it is health question with work, it is advisable to be informed on Occupational medicine, its missions, the medicals which the employee can ask or have to pass.

And hygiene security to work:
Which are the respective obligations of paid and the employer?
Does the employer have specific duties with regard to the young people, of the women, the expectant mothers?
Can an employee refuse to work in the event of situation of work considered to be dangerous?

To inform you on these questions concerning health of paid with work, consult the syntheses carried out by our lawyers, accessible on line (via our emulator videotex terminal).

 

 

Labor current events law

> 12 28 2026:
Improvement of the legal regime of compensation for the disease and the accident

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.


> 94 66 0002:
Sick leave: schedules of exit

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.


> 08 78 6006:
Sick leave: free hours of exits

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


Register to receive it!

 
Consult the answers to your questions:
 
> forgotten Password