Returning to work after a long-term sick leave related to cancer is never trivial. Whether it is breast cancer, a long-term illness (ALD) or an occupational disease, returning to work involves numerous steps and gradual rehabilitation. This key moment requires collaboration between the employee, their treating physician , the occupational physician , the CPAM and, in some cases, the company’s social services department.
To avoid the risk of relapse or burnout , it is essential to prepare for the return to work in advance, taking into account the employee’s state of health, medical
What steps should you take to organize your return to work?
Before returning to work, the employee must consult their doctor, who will issue a medical certificate of fitness to return to work. This document is essential to notify the employer and the CPAM (Health Insurance Fund) that the employee can return to work full-time, part-time, or part-time for therapeutic reasons.
The employer must then summon the employee to a return-to-work medical examination with the occupational health department. The examination must be carried out within 8 days of returning to work. The occupational health doctor assesses the employee’s ability to return to work and may issue a fitness or unfitness notice, propose reassignment, or adjust working hours.
In some cases, a pre-return visit may be organized before the end of the leave, particularly if the leave is for more than 3 months. This allows for anticipation of the return to work, assessment of any adjustment needs, and avoid dismissal for incapacity.
What options are there for a smooth recovery?
If you return to therapeutic part-time work, you will continue to receive part of your daily allowances from the CPAM, in addition to the salary paid by the employer in proportion to the work you have done.
Please note: the duration of therapeutic part-time work is limited (often a maximum of 1 year), and can be interrupted at any time if your health deteriorates or if you are no longer suitable for full-time work.
What happens if the employee is declared unfit?
In the event of medical incapacity declared by the occupational physician, the employer is required to seek suitable redeployment. This may involve reorganizing duties, reducing working hours, or transferring the employee to another department.
If no suitable position can be offered, termination of the employment contract due to medical incapacity may be considered. This dismissal entitles the employee to specific compensation, the payment of daily allowances, or a disability pension, depending on the situation.
In the civil service, the procedure often involves a medical committee or a reform commission, which examines the possibilities of returning to work, the rights to long-term sick leave or therapeutic part-time work.
What are the rights during and after the recovery?
Upon returning to work, the employee continues to accumulate quarters toward their retirement and can regain all of their bonuses, paid leave, and seniority-related benefits. If they return to work after a long-term leave, the employee retains their rights, unless otherwise provided for in the collective agreement.
The employee retains his or her employment contract, unless justified dismissal (e.g., serious misconduct or impossibility of redeployment).
Please note: An employee cannot be dismissed for being ill, except in cases where they are unable to return to work or their prolonged absence disrupts the company’s operations. The French Labor Code and the Social Security Code protect sick people from discrimination.