A decree of July 5, 2024 regulates the conditions of the medical examination organized by the employer.

In the event of absence from work justified by incapacity for work due to illness or accident attested by a medical certificate, the employer (who will pay additional compensation during the sick leave) may require a medical examination to be carried out by a doctor of his choice (this doctor must not be an occupational physician or a CPAM doctor).

A decree of 5 July 2024 specifies the conditions of this return visit and codifies the case law on this subject.

This decree thus introduces three new articles in the Labour Code, which establish the following principles:

* Article R.1226-10 : The employee must inform the employer of his place of rest from the beginning of the break in work and whenever it changes if it is different from his place of residence .

He must also inform his employer of the times during which drug treatment can be carried out if he benefits from a break from work marked " free exit " .

* Article R.1226-11 : The doctor appointed by the employer may decide on the legitimacy of the break in work, but also on the justification for its duration .

Place and time of the return visit

The medical examination may be carried out at any time after the end of the break in work and at the doctor's discretion : either at the worker's place of residence or at his place of rest, which shall be communicated to his employer by appearing there without notice (if necessary, outside the authorised leave times or, where appropriate, at the times communicated in the case of free leave), or at the doctor's office, upon summons by the latter, by any means, who shall set a specific time for the summons.

* Article R.1226-12 : The doctor appointed by the employer informs him of the justified or unjustified nature of the interruption of work or of the impossibility of carrying out the examination for a reason attributable to the employee , taking into account in particular his refusal to appear at the summons or his absence during the home visit.

Consequences of control

The employer must then provide this information to the employee without delay (the Regulation does not provide any further details on the assessment of the reasonableness of the time limit for providing this information).

The unjustified nature of the judgment may result in the employer suspending the payment of the additional compensation to the social security allowance (IJSS).