Abusive sick leave: what you need to know in order to fight against

Abusive sick leave

There comes a time in your entrepreneurial life when sick leave is particularly frequent and often involves a single employee. When doubts arise, it is always advisable to check the good faith of the employee in order to ensure that he is not cheating. To help you combat sick leave, you can organize a check at the employee’s home. He has no right to refuse.

Organize a medical check-up to report an employee

To combat abusive sick leave, it is important to seek effective solutions that allow you to expose the employee’s bad faith. For that, the medical counter-visit is a legal recourse against abusive sick leave. It allows the employer to review or cancel the amount paid in the event of medical leave. Therefore, the principle of medical examination consists in sending a doctor unexpectedly to the employer in order to submit him to a medical examination.

Therefore, if the sick leave is deemed abusive, the employer must suspend the additional salary. Then, the examining doctor will send his report to the CPAM and the employer must return to work the next day. In addition, he will no longer receive additional allowances.

How to recognize a false sick leave?

It’s not really easy to recognize a fake sick leave. This is probably why the law authorizes a doctor’s second opinion. Most often, a doctor’s refusal to submit to the doctor’s medical examination is an indication that sick leave is abusive. In this case, the employer may decide to suspend the supplement as from the day of sick leave. The same applies if the employee’s address is incomplete or incorrect. In short, the employee must make the doctor’s job as easy as possible. In the absence of cooperation, the employer is entitled to apply the sanction.

Call a specialist doctor

To establish the veracity or not of a sick leave, it is important to call upon a specialized doctor. Simply calling a doctor may not be enough. For example, in the case of a work accident, the expertise must be performed by a specialist (psychiatrist, rheumatologist, etc.). It is possible to find the most suitable doctor in a specialised practice. Do not hesitate to ask about the cause of the employee’s sick leave.

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