The real difference between sick leave and work leave

Marie works in a factory and, during a medical examination, the occupational doctor notices that she has developed a serious allergy to a chemical product used in her work. She is physically unable to continue her work. “The occupational doctor issues him a temporary work stoppage to avoid any worsening of his state of health while the company seeks a solution. comments Corinne Servain, law trainer at ICEP CFA in Caen. Jeanne is a teacher and catches a severe flu. “Her general practitioner prescribes a 2-week sick leave so that she can rest and avoid contaminating her colleagues and students..”

The terms “sick leave” and “work leave” are often confused. However, it is not the same thing. “A work stoppage is given by an occupational physician or medical advisor for professional reasons such as temporary or permanent incapacityexplains Corinne Servain. The work stoppage must be linked to ATMP (work accident, occupational illness). Sick leave, on the other hand, is prescribed by a general practitioner or specialist, dental surgeon, midwife or psychiatrist for a temporary incapacity to work due to an illness or accident in everyday life, not related to work.“. To summarize, work stoppage is linked to professional reasons while sick leave is linked to personal health problems.

The employee must provide his employer with a medical certificate issued by the doctor who prescribed the sick leave within 48 hours of the start of the sick leave. “This certificate must indicate the expected duration of the stoppage as well as the date of return to work, continues Corinne Servain. The employee must also send this certificate to their health insurance fund within 48 hours after the medical consultation.. Failure to follow this procedure may result in the suspension of daily allowances.

Daily allowances are replacement income paid by Health Insurance to compensate for loss of salary during work stoppage or sick leave. These compensations are taxable and must be declared as income. “If you have worked in the same company for at least a year, your employer must pay you additional compensation (called supplementary compensation) during your work stoppage, in addition to that from Health Insurance.“With a work stoppage, the employee is protected against dismissal for incapacity.

In the case of sick leave, the employee receives daily allowances from Social Security but additional compensation from the employer is not guaranteed. He is not protected against dismissal for incapacity. It is important to understand the nature of its judgment and its consequences, insists our interlocutor. If in doubt, you should contact your Primary Health Insurance Fund or consult a lawyer specializing in labor law. It is possible to consult a lawyer free of charge at a justice point.