Therapeutic part-time and participation

Therapeutic part-time or therapeutic part-time is regulated by the Social Security Code (CSS, art. L.323-3 and R. 323-3) and allows an employee on sick leave to return to work. part-time activity while retaining the payment of daily social security allowances within certain duration limits. From the point of view of the Labor Code, therapeutic part-time obeys the rules applicable to part-time.

Since January 1, 2019, the date of entry into force of law no. 2018-1203 on financing social security for 2019, an active employee whose state of health is weakened can benefit from a period partial therapeutic even if he has not previously been on sick leave.

In a judgment of September 20, 2023 (n°22-12.293), the Social Chamber of the Court of Cassation ruled, on the basis of the principle of non-discrimination due to state of health, that the times of non-worked absences resulting from the therapeutic part-time of an employee must be assimilated to a period of presence in the company for the calculation of the basis of the participation bonus.

This is a new solution with regard to existing texts on participation because the current provisions of the Labor Code provide that, whatever the method of distribution of sums from the special distribution reserve provided for by participation agreement, only work stoppages resulting from a work accident or occupational illness must be taken into account for the calculation of the participation bonus (C. trav., art. L.3324-6, 2 °).