Sickness leave: suspension of the employment contract
The sick leave suspends the employment contract. The employee no longer provides his work. If he meets the conditions for entitlement, the primary health insurance fund pays daily social security benefits (IJSS). You may also be required to pay him additional salary:
either in application of the Labor Code (art. L. 1226-1); either in application of your collective agreement.
An absence due to illness therefore has consequences on the establishment of the payslip, in particular whether or not you practice salary maintenance.
Even if the employment contract of an employee on sick leave is suspended, the latter must comply with the obligations linked to his employment contract. For him, this means respecting an obligation of loyalty.
Sickness leave and respect for the duty of loyalty
The employee on leave must not harm his employer. Thus, if the employee fails to fulfill the obligations arising from the good faith performance of his employment contract, you are likely to…
