Work stoppages and daily allowances: something new!

To reduce the expenditure on the health insurance system, in particular the daily allowances paid to employees and self-employed workers, the public authorities have limited the duration of work stoppages. Moreover, in the event of proven fraud, employees may be deprived of the additional daily allowances paid by their employer.

Work stoppages: a limited period of time

The duration of sick leave prescribed or extended as of 1 September 2026 by doctors, midwives and dental surgeons, due to an illness or accident of non-occupational origin, is limited. Indeed, this duration may not exceed:
- 31 days for a first prescription;
- 62 days for renewal prescription.

Exception: Healthcare professionals may derogate from these maximum durations by justifying, on the prescription, the need for a longer duration in view of the patient’s situation (particular pathology and/or nature of his or her professional activity) in consideration, where they exist, of the recommendations established by the Haute Autorité de Santé.

No more additional compensation in the event of fraud

Employers must, in principle, pay additional daily allowances to employees on sick leave (whatever the cause) who have at least one year of seniority in the company (unless their collective agreement provides for a more favorable provision).

From now on, employers who are informed, by a health insurance fund, of proven fraud by an employee to obtain daily allowances can stop paying the employee these additional allowances.

Finally, where applicable, employers shall inform the collective supplementary provident fund operating within the company to which the employee belongs of such fraud. The practical details for this notification shall be specified by decree.

In addition: Employers in Alsace-Moselle who are forced to maintain the remuneration of their employee on sick leave can now, in principle, have a follow-up medical examination carried out.