Unfitness for work, as determined by the occupational practioner, can arise from either a professional or non-professional cause. This distinction is crucial for employers.
- Professional unfitness
Professional unfitness results from a work-related accident or an occupational disease. In such cases, the employer faces heightened obligations, including a thorough search for suitable redeployment opportunities, and prior consultation with the Social and Economic Committee (CSE) where applicable.
In case of termination of the employment contract, the employer must pay specific severance compensation equal to double the statutory severance pay in the event of contract termination, as well as a special amount of compensation equal to pay for the notice period.
- Non-professional unfitness
Non-professional unfitness, on the other hand, results from an illness or accident unrelated to work. The obligation to seek redeployment is also applicable, as well as the consultation with the CSE, which remains mandatory.
However, in case of termination of the unfit employee’s contract, they are not entitled to an enhanced severance payment, nor the special amount of compensation for the notice period. In such case, only the legal (or statutory) severance payment is to be paid to the employee.
- Procedure and pitfalls
In both cases (professional or non-professional unfitness), the employer must act within one month of the employee being declared unfit for work to either redeploy or terminate the employee; otherwise, they must resume payment of the employee’s salary.
It is however easy to become confused in complex situations, since it may involve the employment tribunal (on the origin of the unfitness) and/or the social security bodies (on the classification of the disease or accident and the employer’s potential inexcusable fault in the disease / accident).
MGG Legal can help you manage such procedures in conformity with French legal requirements.