In France, if you are sick and need to miss work or school, you will need a doctor’s note. 

Failing to provide one can have consequences. For employees, your absence may be considered not justified and this could result in disciplinary action from your employer. For students, depending on the university’s policy, an unjustified absence could leave you unable to make up work.

Most of the time, getting a doctor’s note can be pretty simple – it involves making an appointment with either a doctor or a midwife, both of whom are qualified to give an ‘arrêt de travail’ (sanctioned sick leave).

Specifically, if you are deemed ill enough to warrant time off work or school, then the doctor or midwife will give you an arrêt de maladie, which is a type of arrêt de travail. This is justified by a ‘certificat médical’.

Will I be paid if I am on sick leave?

In France, statutory sick pay can vary depending on how long you’ve been ill. And it’s important to note that the amount you are paid if you are off sick will depend on company policy, which in turn will be most likely be based on a collective agreement of some kind. 

Basic legal cover means when workers are off sick they have to go without pay for the first three days – increasingly, however, companies will continue to pay staff for their first three days of absence – but you are generally required to have a doctor’s note confirming their illness from day one. 

After those initial three days, statutory sick pay rules kick in, and a worker’s salary will be covered by social security, up to a maximum daily rate of €51.70 before tax.

When does payment arrive?

Payment starts on the fourth day of illness. After processing the file you should receive a payment every 14 days on average covering the duration of your arrêt de travail. Processing times depend on the primary health insurance fund and reimbursement statements can be viewed in your ameli account.

Are there exceptions to the waiting period?

Yes. If you are absent due to a work accident or occupational illness; if you have suffered a recurrence of your incapacity after trying to go back to work; or if your absence is because of a long-term condition and your arrêt is renewed.

How do the steps work?

Let’s say you’ve fallen ill, phoned in sick, and made an appointment with your doctor, who has ordered you to take a break from work for health reasons. So far so normal – here’s what happens next.

I have been given an arrêt de travail 

You’ll notice that the arrêt is in three parts. Send parts 1 and 2 of the form to your primary health insurance fund (CPAM), and part 3 to your employer.

You have 48 hours to do this.

No – my doctor did it online… 

In that case, parts 1 and 2 have been done for you. Your doctor will have given you part 3, which you need to send to your employer within 48 hours.

I’m unemployed

If you are unemployed and in receipt of benefits, send the following supporting documents to your primary health insurance fund, along with parts 1 and 2 of the arrêt from your doctor:

• your last 3 pay slips prior to unemployment – or 4 if the last month is incomplete (if you have a seasonal or discontinuous activity, send your pay slips for the last 12 months).

If you do not receive unemployment benefits, send the following supporting documents:

• your last 3 pay slips prior to unemployment – or 4 if the last month is incomplete (if you have a seasonal or discontinuous activity, send your pay slips for the last 12 months);
• a sworn statement in which you specify the date of cessation of your salaried activity.

During this period, you are not considered to be looking for work, and will not receive unemployment benefits, but will receive sickness benefits instead.

Can I leave home when I’m off ill?

That’s up to your doctor, who will indicate on your sick leave notice whether you are authorised to leave your home during your sick leave. Your doctor may also limit the times you are allowed outside.

Staff at your primary health insurance fund can check that you are present at home for the duration of your sick period, including Saturdays, Sundays and public holidays.

Can I go back to work while on an arrêt de travail?

Officially you are not allowed to go back to work until the end date on your ârret de maladie, although the reality is workers, eager to get back on full pay, likely do it. The law states you must refrain from any activity not authorised by your doctor for the amount of time specified in the arrêt de travail. 

This also includes working from home, according to the French government. So the best thing would be to see your doctor to ask to change the date of your arrêt de travail.

Technically, if you work during the days you are meant to be off sick, then you could be required to pay back CPAM for the statutory sick pay that was provided. 

An employer that tries to force their employee to return before the end of their arrêt de travail can be convicted of undeclared work, according to the French legal site Axiome Avocats.

Can I get the sick leave extended?

If you are still too ill to work, then before the end of your current arrêt de travail, you must make another appointment with either the doctor who prescribed your initial arrêt de travail or with your GP (médecin traitant) to get an extension.

What happens when I go back to work?

After the last day of your arrêt, you are expected to go back to work as normal. Your sick payments will stop, and you will receive your salary as usual, minus any days you were off work.

If you are unemployed, you are reinstated at Pôle Emploi and start receiving your benefits again. 

Your unemployment benefit period will be extended by the number of days that were compensated by Health Insurance for the illness. This means that if you have received daily health insurance benefits for 10 days, you will receive your unemployment benefits for an additional 10 days compared to the end date of rights which was notified to you.

Taxes

Remember, daily allowances are part of the income that you must declare to the tax authorities. To complete your tax return, you will need to download your daily allowance payment certificate from your Ameli account.