HEALTH IN THE WORKPLACE

The French commitment to healthcare includes the company’s doctor (médecin de travail). You will be expected to undergo a medical examination by this doctor, and paid for by the firm:

• when you join the company
• once a year thereafter
• after a prolonged absence due to illness
• after pregnancy leave.

You also have the right to ask to see this doctor on request, and you may also be obliged to see the doctor at the request of your company. These doctors also carry out spot-checks on your working conditions.

Smoking in the office

In 1992 smoking was banned in public areas (eg, cafés and restaurants) and in open work areas and shared offices, except in designated areas. Smoking is extremely popular in France, and this law is often brazenly flouted. In some companies, it is strictly applied. If you find yourself in a smoking environment and you object, speak to your company’s human resource division first to try to reach an amicable resolution to the problem. If this has no effect, speak to your medécin de travail.

Sick leave and sick pay

Under French law, absence due to illness during the first year of your contract is not paid leave. Application of this law is, however, often at the discretion of the firm.

If you are obliged to take time off work due to illness, ask the doctor for a sick note (arrêt de travail).You should complete and sign this paper, and send one copy to your employer, two copies to the Securite sociale, and keep one copy for yourself.

The note will specify the length of absence permitted, and will also designate the hours in which you may go out to buy provisions, etc. This is from 10h00–12h00 in the morning and from 16h00–18h00 in the afternoon. If you intend to recuperate from your sickness elsewhere than your home, then you must have the prior agreement of your local caisse. If you are admitted to a hospital, you must also include a copy of the bulletin d’entrée given to you when you are admitted. You must send off this note to your employer and your caisse within 48 hours.

Be warned- the Securité sociale regularly undertake random investigations to see if you are obeying the terms of the note. If you are not there when the inspector calls, the Securité sociale can and will refuse to reimburse the firm for part of your salary during your absence. You could also face disciplinary proceedings. You are obliged to provide all details regarding the place where you can be visited during your arrêt de travail. This includes providing entry codes to your building. The government intends to introduce much stricter controls of sick notes and sick leave.

Your employer will continue to pay you during your absence, but will recover part of the cost from your Caisse d’Assurance Maladie. Your entitlement depends upon having completed a certain number of hours of work. If your inability to work lasts less than six months, your eligibility will depend upon your having worked 200 hours in the last three months. If your inability is more serious and requires a longer period off work, eligibility for sick pay requires you to have worked at least 12 months, with at least 200 hours worked in the last three months.

Accidents in the workplace

If you have an accident at work or travelling to work, you should inform your employer within 24 hours. You must then ensure that the following steps are taken:

• (a)By your employer – your employer must declare the accident at your own caisse within 48 hours; give you a form certifying the accident, which will exempt you from paying medical fees in advance; and send an attestation de salaire to your caisse if you are signed off work due to the accident.
• (b)By your doctor- the doctor who treats you should issue a medical certificate indicating your state of health and the consequences of the accident; send sheets 1 and 2 within 24 hours to your local caisse, and give you sheets 3 and 4 of the declaration.
• (c)By you yourself – send sheet 4 (certificat d’arrêt de travail) to your employer; and take sheet 3 of the medical certificate to every subsequent doctor’s appointment, etc.

Sick pay is subject to income tax, and basically you will receive half your normal daily pay. Maternity pay or monies paid as a result of a work accident are not subject to income tax. Payments are made every 14 days.