The court sentenced an employee on sick leave to reimburse his daily allowances for being absent from his department for a week without authorization. However, he had informed the CPAM of his trip.
We don’t mess with sick leave. Justice sentenced an employee to reimburse the allowances he had received during his sick leave because he had left his department for a week to go to the one next door. The person concerned had however himself informed the fund of his absence but the law only allows “leaving the district of the fund” with prior authorization from the latter, recalled the Court of Cassation on Friday May 24.
Sick leave is subject to a number of rules
Because sick leave is subject to a number of rules. In addition to the prohibition to leave his department without prior authorization (if your fund authorizes it, do not forget to provide his certificate to your employer who must also be aware of your movements), the arrested employee may also not have the right to go out at certain times. If the doctor authorizes him to leave his home, he must in principle remain at home between 9 a.m. and 11 a.m. and between 2 p.m. and 4 p.m., except in the event of treatment or a medical examination. And this, weekdays and weekends. But it happens that the doctor authorizes his patient to go out as he wishes because of his state of health (sometimes in the event of depression for example).
In order to check that the employee has not been away from home outside the hours authorized by the doctor, a health insurance controller can take a surprise. If the patient is absent during the visit or refuses to open the door, he exposes himself to the reduction or elimination of his allowances. If he was at the doctor’s during the check-up, he will then have to ask him for a certificate to justify his absence.
It is forbidden to engage in any professional activity during sick leave.
What’s more, “it goes without saying that an employee on sick leave cannot engage in any professional activity”, recalls the Law-Finances website. “If he engages in an activity that competes with that of his employer, he even commits an act of disloyalty and may then be dismissed for serious misconduct (…) A person on sick leave who engages in professional activities giving rise to remuneration, professional income or gains is liable to a financial penalty. This sanction is in addition to the obligation to reimburse the daily allowances unduly received”, it is specified.
If you break any of the rules set out above, the director of the Primary Health Insurance Fund (CPAM) will decide the amount of the fine depending on the alleged facts. Normally, this is calculated according to the sums concerned within the limit of 50% of these. In addition, your employer may also suspend the payment of additional allowances. Finally, remember that at present, the Sécu compensates the employee up to 50% of his gross salary from the fourth day.
For any travel request, you can contact the CPAM by mail or via your account. Ameli in line. If the fund refuses your trip, you can challenge this decision.
.
