This month: Handling the case of a sick employee
Published on : 19/01/2021 19 January Jan 01 2021
The Covid-19 pandemic continues to rage on, causing dire human, social, and economic consequences. It’s also winter, which brings flu season, the common cold, and broken limbs from slips, trips, and falls. During this season, your staff is more likely to call in sick.
An employee on sick leave preserves their employment rights and is even offered a few protections that are important to bear in mind.
In order to avoid exposing your company’s liability unduly, here are some tips to use as a starter checklist when that phone rings on Monday morning, announcing an absence:
Do politely ask to receive the appropriate medical documentation that you are entitled to in virtue of law, the applicable CBA, and the employment contract.
Don’t ask what is specifically ailing the employee if they don’t offer up that information spontaneously: that information is for the doctor and insurance companies. Don’t play detective.
Do enquire as to approximately how long the employee should be unable to work, so that you may re-organize your workflows and teams accordingly.
Don’t ask the employee to come in to work nor to work remotely if they’ve been put on sick leave.
Do try to ensure a handover of duties but don’t involve the sick employee in this unduly.
Don’t take any “retaliatory” action against the employee based on their absence or sickness.
Do consider hiring a temporary replacement (under a Fixed-Term Contract) if the absence is likely to be long.
Don’t rush to fire the sick employee on the grounds of their sickness.
Do check how long their “guaranteed employment” benefit is under the applicable statutes (law, CBA, Company-wide agreement, or contract).
Don’t forget that the employee may be entitled to their maintained salary for a certain period of time, depending on statutory and/or contractual provisions.
Do ensure that the proper paperwork has been filed with your payroll provider (for the social security administration) including documentation if the sickness is related to an occupational illness or workplace accident.
Don’t let the sickness indirectly be a cause of discrimination (for example, depriving the employee from certain benefits down the line).
Do plan for them to have a visit with occupational health services upon the individual’s return from an extended sick leave, where applicable.
If the sickness is related to Covid-19, DO follow all the advice previously presented about handling the risk of contagion in the company. In particular, help identify all staff who may have been exposed through contact with the individual and alert them so that they may be tested and if necessary, isolated.
Flichy Grangé Avocats can assist you with the individual employment and administrative matters that are raised by your employee’s sick leaves.
Recruitment in France
Published on : 01/04/2022 01 April Apr 04 2022Newsletter / Do’s and Dont’sJob description DO: - Focus on concrete tasks and consider which role r...
Published on : 31/12/2021 31 December Dec 12 2021Newsletter / Do’s and Dont’sFrench companies rarely have a detailed disciplinary procedure. This is becau...
Navigating pandemic rules in the autumn
Published on : 30/09/2021 30 September Sep 09 2021Newsletter / Do’s and Dont’sFall marks the “rentrée” in France: back to school and for many, back to the...
This month: Implementing Telework after the pandemic
Published on : 01/07/2021 01 July Jul 07 2021Newsletter / Do’s and Dont’sThe summer of 2021 brings promise and hope of a return to safety and normalcy...
This month: Handling the mental health effects of COVID and Telework
Published on : 02/04/2021 02 April Apr 04 2021NewsNewsletter / Do’s and Dont’sFrance is now in its third Covid 19 wave. President Macron announced on 31 Ma...
This month: Handling the case of a sick employee
Published on : 19/01/2021 19 January Jan 01 2021NewsNewsletter / Do’s and Dont’sThe Covid-19 pandemic continues to rage on, causing dire human, social, and e...
This month: Economic dismissal related to the pandemic
Published on : 02/10/2020 02 October Oct 10 2020NewsNewsletter / Do’s and Dont’sCoronavirusAs we enter the third season of the pandemic, many businesses are feeling the...
This month: Opening back up your workspaces
Published on : 26/05/2020 26 May May 05 2020NewsNewsletter / Do’s and Dont’sA look at the major pitfalls in French Labor and Business law…and how to avoi...
DO’S & DON’TS | This month: Harassment claims
Published on : 12/02/2020 12 February Feb 02 2020Newsletter / Do’s and Dont’sA look at the major pitfalls in French Labor and Business law…and how to avoi...
Do’s & Don’ts | This month: Considering Secondment to France
Published on : 06/11/2019 06 November Nov 11 2019NewsNewsletter / Do’s and Dont’sA look at the major pitfalls in French Labor and Business law…and how to avoi...