The decree governing medical counter-inspection has finally been published

Long-awaited, the decree setting out the terms and conditions of the medical counter-inspection organised by the employer has finally come into force.

Article L. 1226-1 of the French Labour Code, which allows employers to organise a medical counter-inspection in the event of an employee’s absence due to incapacity as resulting from illness or accident, had left it to a decree to specify the terms and conditions. In the absence of such a decree, this possibility has been regulated by case law.

The decree, which came into force on 7 July, adds 3 new articles to the regulatory section of the French Labour Code (Articles R. 1226-10 to -12) to set out the procedures for the counter-inspection.

It is now provides that :

  • The employee must inform his employer of her/his place of rest (if it is different from her/his home) as soon as she/he starts his sick leave, as well of any change of place. Similarly, the employee must inform the employer when the counter-inspection may be carried out if the doctor’s certifcate is marked “Sortie libre“(Free leave).
  • The counter-inspection by the doctor appointed by the employer may be carried out at any time during the period of sick leave, at the doctor’s discretion, either :
    • At the employee’s home or at the place of rest notified by the employee to the employer, without any notice period being required. However, the doctor must respect the authorised hours of leave in the case of a doctor’s certificate marked “Sortie libre“(Free leave);
    • At the office of the appointed doctor. In this case, the doctor will summon the employee by any means that gives a definite date. If the employee is unable to attend, in particular because of her/his state of health, she/he must inform the doctor, stating the reasons.
  • At the end of the counter-inspection
    • The doctor will inform the employer whether the sick leave is justified or not, or whether it is impossible to carry out the examination for a reason attributable to the employee.
    • The employer must give this information to the employee without delay.

Decree no. 2024-692 of 5 July 2024 on the counter-inspection referred to in Article L. 1226-1 of the French Labour Code