Case Law Alert: Employee's Return Visit and Return to Work

Following a sick leave, an employee sent a letter to his employer on 19 December 2017, announcing the end of his sick leave on 27 December 2017 and requesting a return visit on 3 January 2018. A reminder was sent on 6 February 2018.

The employee brought an action before the Labour Court seeking court-ordered termination of his employment contract, payment of damages for breach of the safety obligation and payment of his salary from the end of the sick leave.

It was ruled that the employer was under no obligation to organise the return visit or resume payment of salary until the employee had returned to work following his sick leave, or even expressed any desire to return to work in his letter.

The Cour de cassation overturned this decision, stating that the initiative to refer an employee to the occupational physician normally rests with the employer, as soon as an employee who meets the conditions laid down in the French Labour Code for such a visit makes a request and is available for it to be carried out. It is irrelevant whether the employee fails to report for work at the end of their sick leave. (Cass. soc., 3 July 2024, no. 23-13.784 F-B)