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Enquête détective privé arrêt maladie abusif

Abusive Sick Leave: How to Check and Protect Your Business

Abusive Sick Leave: How to Check and Protect Your Business

Key Takeaways on Abusive Sick Leave

  • Abusive sick leave represents a significant cost for businesses and social security systems.
  • Employers have the legal right to verify the legitimacy of sick leave via a mandatory medical check (contre-visite médicale).
  • Medical secrecy protects an employee’s health information but does not prevent checks on their location and activities during their absence.
  • Proven employee fraud can lead to the suspension of salary top-ups and disciplinary action, potentially including dismissal for gross misconduct.
  • Hiring a private investigator helps gather legal and admissible evidence discreetly when suspecting abusive sick leave.
  • Prevention and clear communication are essential to limiting sick leave abuse.

Table of Contents

As Clara, a senior private investigator at My Own Detective, I see firsthand the challenges businesses face daily. Abusive sick leave is one of those challenges – insidious and costly. It’s a delicate matter because taking time off for illness is a fundamental right for employees to recover. However, when doubts arise about the legitimacy of an absence, it’s crucial for employers to know how to react legally and effectively. Absences that drag on without clear reason, incompatible activities observed outside authorised hours, or worse, a second job… These situations erode trust, disrupt operations, and are a significant financial drain.

In this article, we’ll explore together the mechanisms of sick leave, the rights and obligations of everyone involved, the legal means available to employers for verifying employee absence, the consequences of proven employee fraud, and most importantly, how our expertise at My Own Detective can provide concrete and discreet solutions. Whether you’re based in France or Switzerland, our agency is by your side to navigate these complex waters and protect your interests professionally. We will address sick leave verification from all angles, focusing on employer protection against employee dishonesty, and the crucial role of HR investigation in this process.

Understanding Sick Leave: Rights, Obligations, and Challenges

Sick leave, orarrêt de travail pour maladie as it’s known in France, is a medical act issued by a healthcare professional (doctor, dentist, midwife) when an employee is physically or mentally unable to perform their professional duties due to an illness. This right, enshrined in the Labour Code and the Social Security Code, aims to allow employees to recover without risking job loss or income. It’s a cornerstone of our social protection system.

To be valid, a sick leave certificate must follow a specific format. It’s usually issued on a standard form (often transmitted electronically directly to the Social Security) and must include essential information: patient identity, duration of the leave, start date, and indication of authorized exit times (unrestricted or limited). The part for the employer only indicates the nature of the incapacity (illness or work accident) and the expected duration of the absence. This demonstrates respect for medical secrecy.

Medical Secrecy: A Legitimate Barrier, Not a Shield for Fraud

The principle of medical secrecy is sacred in France. Employers absolutely do not have the right to know the precise medical reasons justifying their employee’s sick leave. The employee is not obligated to provide this information, and the employer cannot demand it. This protection guarantees the confidentiality of health data.

However, it’s crucial to understand that medical secrecy concerns the nature of the illness, not the employee’s conduct during their leave. If a sick note states the employee must remain at home except for medical appointments, then their employer or a controlling body has the right to check that this instruction is being followed. Medical secrecy does not cover the employee’s activities outside their private and medical sphere, especially if these activities contradict the declared incapacity or violate the rules linked to the leave. This distinction is key when investigating potential abusive sick leave.

Key Employee Obligations During Sick Leave

During sick leave, an employee is not on holiday. They have strict obligations to respect:

  • Transmit the work stoppage certificate within legal deadlines: 48 hours to the employer and the Primary Health Insurance Fund (CPAM). Failure to meet this deadline can result in penalties from the CPAM (reduction of daily allowances).
  • Respect home presence hours: If the sick note mentions limited exit hours (generally 9 am-11 am and 2 pm-4 pm, unless otherwise medically advised), the employee must be at home outside these time slots. Only medical appointments or treatments justify absence during mandatory presence hours. This is a key point for the employer’s medical check (contre-visite médicale).
  • Do not engage in unauthorised activity: The employee must not engage in any professional activity (even unpaid, unless expressly authorised by medical advice) or activity incompatible with their health condition. Working for oneself, for a third party, or even for a competitor (unfair competition) during sick leave is considered gross misconduct. This is often where employee fraud becomes evident.
  • Submit to controls: The employee must be available for controls initiated by the Social Security or the employer.

These obligations are the counterpart to the right to sick leave. Their non-respect is a potential indicator of abuse or fraudulent behaviour, signalling the need for sick leave verification.

The Impact of Abusive Sick Leave on Businesses

Abusive sick leave isn’t just a minor inconvenience; it’s a significant economic and organisational burden for businesses of all sizes. Beyond the legal and ethical aspects, the consequences are felt on several levels.

Direct and Indirect Costs of Employee Absence

  • Salary continuation: In many cases, collective agreements or the law (after a certain period of seniority) require employers to top up Social Security daily allowances to ensure income close to the usual salary. This direct cost can accumulate quickly, especially with prolonged or frequent sick leave abuse.
  • Replacement costs: An employee’s absence often requires finding a replacement, whether through temporary staff, fixed-term contracts, or internal reorganisation, leading to overtime for other employees.
  • Reduced productivity and disruption: Unexpected absence, especially if prolonged, disrupts teams, slows down projects, and can affect work quality or customer service. This operational impact is a major consequence of employee dishonesty.
  • Administrative and management costs: Managing sick leave (declarations, follow-up on reimbursements, replacement management) requires significant time and resources within the HR department.
  • Increased contributions: A high absenteeism rate, whether justified or not, can eventually influence the cost of complementary health insurance policies subscribed by the company.

Impact on Morale and Trust

Beyond the figures, the perception of employee fraud can have a detrimental impact on the company’s social climate. When other employees see a colleague abusing the system, it can generate resentment, lower motivation, and a feeling of injustice. This harms trust within teams and towards management, who may be perceived as inactive in addressing the situation. Ensuring effective employer protection also involves maintaining a fair and rule-abiding work environment for everyone.

Given these stakes, it is legitimate for an employer to want to ensure that sick leaves are well-founded and that the employee respects their obligations. It is in this context that sick leave verification tools become essential, complementing a clear and preventive HR policy.

Verifying Sick Leave Legitimacy: Legal Tools for Employers

When doubts arise about the legitimacy of sick leave, employers are not powerless. The law provides means of control, regulated to respect employee rights, particularly their right to privacy and medical secrecy. The primary tool is the employer-initiated medical check, or contre-visite médicale.

The Employer’s Medical Check: A Regulated Right

An employer who pays a salary top-up (which is the case for most employees with some seniority) has the right to request a medical check at the employee’s home while they are on leave. This procedure is legal and recognised. The employer must use an independent organisation specialising in the medical control of sick leaves. This organisation appoints a controlling doctor.

The controlling doctor visits the employee’s home during mandatory presence hours (if the sick note specifies them) or, if exits are unrestricted, at an appropriate time. Their role is to examine the employee and assess whether their health condition objectively justifies the continuation of the sick leave regarding their job’s requirements. The controlling doctor does not challenge the initial diagnosis but evaluates the capacity for work at that specific moment. Medical secrecy is respected: the employer only receives the administrative conclusions from the doctor: is the leave justified or not? Is the duration appropriate?

What happens if the employee is absent during the medical check without a legitimate reason (unexpected medical appointment, urgent hospitalisation, etc.)? In this case, the controlling doctor records the absence. The employer is then entitled to suspend the payment of the salary top-up. This suspension is a direct consequence of hindering the control, not a sanction related to the health status. If the controlling doctor determines that the leave is not justified, the employer can also suspend the salary top-up from the date of the check. This is a crucial aspect of employer control.

It is essential to note that suspending the salary top-up only concerns the portion paid by the employer. It does not immediately affect the payment of daily allowances by Social Security. However, the employer can inform the CPAM of the control’s conclusions.

The Role of Social Security (CPAM) in Controls

The Primary Health Insurance Fund (CPAM) also has a mission to control sick leaves, as it is the main body paying daily allowances. The CPAM can initiate its own medical controls, either at the employee’s home or by summoning them to a Social Security medical advisor. These controls can be random or targeted, particularly for long, repeated, or suspicious leaves. This is another layer of sick leave verification.

If the CPAM’s medical advisor believes the leave is not or no longer justified, they inform the employee and the CPAM. The CPAM can then decide to suspend the payment of daily allowances. This decision has significant financial consequences for the employee. It can also serve as a basis for the employer to justify suspending their own top-up and potentially initiating disciplinary proceedings if other elements of fraud are identified.

These control mechanisms, whether initiated by the employer or the CPAM, are legal means to verify the reality of the incapacity to work and ensure that rules are respected. They are an essential component of employer protection against potential abuses.

Consequences of Abusive Sick Leave for Employees and Employers

Abuse or employee fraud regarding sick leave is not without consequences. The repercussions can be significant, both for the employee who risks sanctions and for the employer who must manage the impact of this situation.

Repercussions for the Dishonest Employee

Proven abusive sick leave, supported by concrete evidence (negative medical check, non-compliance with obligations, engaging in illicit or incompatible activity), can lead to several sanctions for the employee:

  • Suspension of employer’s salary top-up: As mentioned earlier, if a medical check finds an unjustified absence or ability to return to work, the employer can stop paying their portion of the salary. This action is perfectly legal when based on the controlling doctor’s conclusions.
  • Suspension of CPAM daily allowances: If the CPAM, following its own check or informed by the employer, deems the leave unjustified, it can stop paying daily allowances. This deprives the employee of their main source of income during the leave. This is a direct consequence for the employee.
  • Employer disciplinary sanctions: This is the most sensitive point and where our role as private investigators is crucial. An employer cannot dismiss an employee *for* being on sick leave; it’s illegal and discriminatory (see Service Public). However, they can sanction them (warning, disciplinary layoff, or even dismissal for gross misconduct) if the employee committed a fault *during* their sick leave, a fault incompatible with their duty of loyalty and their declared health status. Examples of gross misconduct: working for a competitor (unfair competition), engaging in professional activity for their own account, not respecting exit hours without valid reason, or providing a fake medical certificate.
  • Criminal prosecution: Using a fake medical certificate is a criminal offense punishable by law (up to 3 years imprisonment and a €45,000 fine for the employee, and similar sanctions for a complicit doctor, although the latter is rarer).

For the employer to impose disciplinary action, especially dismissal for gross misconduct, they must possess tangible evidence of the employee’s fault during the leave. This is where the intervention of a professional in HR investigation like a licensed private investigator is essential for effective and legal employer protection.

Consequences and Possible Actions for the Employer

When faced with suspicion of abusive sick leave, the employer first suffers the consequences mentioned (costs, disruption). But they also have the possibility to act to stop the situation and, if necessary, sanction the employee. These actions must be taken carefully and in strict compliance with labour law and disciplinary procedures.

  • Initiating the medical check: This is the first formal step to obtain an independent medical assessment.
  • Suspending the salary top-up: Based on the medical check conclusions or the employee’s absence during control.
  • Informing the CPAM: Sharing the conclusions of a non-conclusive medical check with the CPAM can accelerate its own control procedure and potentially lead to the suspension of daily allowances. This decision by the CPAM strengthens the employer’s position considerably.
  • Starting a disciplinary procedure: If proof of fraud is gathered (e.g., engaging in incompatible activity), the employer can initiate a procedure that could lead to dismissal. It is imperative to strictly follow the legal procedure: summons to a preliminary meeting, holding the meeting, written and reasoned notification of the sanction. Dismissal for gross misconduct must be notified quickly after the discovery of the wrongful acts.

Acting without sufficient evidence or failing to follow procedure exposes the employer to significant risk in labour court (Conseil de Prud’hommes). The dismissal could be deemed without real and serious cause, or even void (if based on discrimination or violation of medical secrecy), leading to substantial damages. This is why obtaining solid, legal, and circumstantial evidence is fundamental. Our corporate investigations and business investigations are specifically designed for these situations, ensuring your employer protection is legally sound.

Taking Action in Cases of Proven Employee Fraud

Demonstrating employee fraud within the context of abusive sick leave requires rigor and respect for legal procedures. Once you have tangible evidence, here are the key steps to follow for effective employer protection.

Capitalising on the Medical Check Conclusions

If the employer-mandated medical check concludes with an unjustified absence or the possibility of returning to work, the first concrete measure is the suspension of the salary top-up payment. It is imperative to notify the employee of this suspension in writing, specifying the effective date and the reason (based on the controlling doctor’s report). This measure is an exercise of the employer’s right and does not constitute a disciplinary sanction in itself. It stems from the lack of justification found during the sick leave verification process.

Informing the CPAM: A Crucial Partnership

It is highly recommended to inform the Primary Health Insurance Fund (CPAM) of the conclusions of a medical check when it is negative. The employer can send the controlling doctor’s report to the CPAM. The CPAM can then decide to organise its own medical control. If the CPAM medical advisor reaches the same conclusions, they can suspend the payment of daily allowances to the employee. This decision by the CPAM significantly strengthens the employer’s position and legitimises their own actions.

Initiating a Disciplinary Procedure: When the Evidence is In Place

If you have gathered proof (via a medical check, CPAM control, or an HR investigation conducted by a professional) demonstrating that the employee committed a fault during their leave (engaging in unauthorised activity, non-respect of exit hours without valid reason, producing a false document, etc.), you can initiate a disciplinary procedure. The type of sanction will depend on the severity of the fault. Proven fraud is generally considered gross misconduct, justifying dismissal without notice or severance pay (except accrued paid leave). The success of your employer protection strategy here relies entirely on the quality of your evidence.

The key to success in a disciplinary procedure for fraud is the quality and legality of the evidence. That’s why mere rumour or undocumented observation is not enough. You need concrete elements:

  • Report from the medical check or CPAM control.
  • Bailiff’s report (constating absence during the medical check, for example).
  • Detailed report from a private investigator, accompanied if possible by photographs or videos, documenting the employee’s activities in contradiction with their sick leave or obligations.
  • Written and signed testimonies from individuals who witnessed the facts (clients, suppliers, other employees, etc.), provided they do not violate privacy or medical secrecy.
  • Tangible material evidence (for example, documents proving a second job).

The disciplinary process must strictly adhere to the legal procedure outlined in the Labour Code and the applicable collective agreement: summons to a preliminary meeting by registered letter or hand-delivered against receipt (stating purpose, date, time, and place), holding the meeting (where the employee can be assisted), and notification of the sanction by registered letter with acknowledgment of receipt, precisely stating the reasons for the action. Respecting this procedure is essential for the validity of the sanction.

At My Own Detective, our mission is precisely to provide you with the solid evidence for your legal proceedings. Our investigation report, drafted by a licensed detective, is admissible before Labour Courts (Conseils de Prud’hommes) and other tribunals. We act entirely legally to document the facts, whether it’s a second job, non-respect of presence hours, or activities incompatible with the declared health status. Our legal assistance ensures that our intervention and the evidence collected integrate perfectly into your employer protection strategy.

When Sick Leave Hides Something Else: Specific Investigation Cases

Abusive sick leave is often just the tip of the iceberg, revealing behaviours that go far beyond simple laziness. In my work as a private investigator, I’ve seen these situations linked to broader issues for the company or even the employee’s personal life, indirectly impacting their employment relationship.

Double Employment: The Characterised Fraud

One of the most blatant cases of employee fraud during sick leave is double employment. An employee, claiming incapacity to work for their primary employer, is actually engaged in professional activity for another company or working for themselves. This is a clear violation of the duty of loyalty towards the employer and fraud against Social Security. It’s a form of employee dishonesty that is particularly damaging.

Proving double employment requires precise investigation. A private investigator can, for example, set up surveillance to observe the employee’s presence at another workplace, document their activities (hours, nature of work), and gather testimonies from third parties at the secondary workplace. These pieces of evidence, recorded in a report, are crucial for initiating a dismissal procedure for gross misconduct. It’s a type of HR investigation that goes beyond the standard framework.

Unfair Competition During Leave

An even more detrimental case for the company is an employee on sick leave who works for a competitor or starts their own competing business. Not only is there sick leave fraud and double employment, but also an act of unfair competition. This employee potentially uses the knowledge, contacts, or even confidential information gained from your company to develop the competing activity.

Our business investigations in this area aim to establish the link between the employee on leave and the competing activity. We document not only the fact that they are working but also the nature of this activity, its connection to the affected company’s sector, and the potential use of confidential information. This evidence allows not only for dismissal for serious misconduct (in case of intent to harm) but also for initiating legal action for unfair competition before commercial courts to obtain compensation for the damage suffered. This is vital for effective employer protection against severe employee dishonesty.

Incompatible Activities and Misuse of Leave

An employee on sick leave is expected to limit their activities to those compatible with their recovery. Observing an employee on leave for back pain engaging in intense sports, heavy DIY work at home, or participating in demanding social events can cast serious doubt on the legitimacy of the leave, even outside permitted exit hours. Similarly, an employee claiming depression but leading a very active social life, documented by photos on social media or consistent testimonies, can raise questions.

Our detectives can conduct discreet and legal surveillance to document the employee’s activities. We do not make medical judgments, but we objectively observe and describe the facts. Does the employee respect the restrictions related to their condition? Do their activities seem compatible with the declared incapacity? Our report provides factual insight, independent of the medical diagnosis (which is protected by medical secrecy), but relevant for evaluating the employee’s conduct and compliance with their obligations during their leave. This workplace investigation helps uncover the reality behind the sick note.

Link to Other Frauds or Questionable Behaviours

Sometimes, sick leave is used as a pretext to hide other wrongdoings. For example, an employee on sick leave might be involved in financial fraud, embezzlement, or even counterfeiting. The work stoppage would give them the time and availability needed to carry out these illicit activities. This adds another layer to corporate investigations.

Although less frequent, suspicions about sick leave can also arise in a more personal context, such as suspicions of infidelity or problems in their private life (divorce investigations, marital investigations). While these situations may not have a direct link to the employment relationship (unless they affect the employer or company), the fraudulent behaviour related to sick leave can be an indicator of a general lack of loyalty or honesty in the employee, relevant in the overall assessment of the situation by the employer. These situations highlight how employee dishonesty can manifest in various ways.

These examples illustrate the complexity of these situations and the need for a professional approach to separate fact from fiction. The private investigator’s role is to provide objective insight based on concrete facts and legal evidence, essential for effective employer protection.

Why Hire a Private Investigator When You Suspect Employee Fraud?

When faced with suspicion of abusive sick leave, employers are often in a delicate position. Acting too quickly or without proof can backfire. This is where the expertise of a licensed private investigator comes in. Our role is to be your eyes and ears on the ground, completely legally and discreetly.

The Art of Discreet and Effective Observation

Our core business relies on observation, shadowing, and surveillance. When we are tasked with sick leave verification, we implement a strategy tailored to the situation. Is it about checking compliance with exit hours? Confirming or refuting the exercise of a professional activity? Documenting activities incompatible with the declared health status?

We operate with the utmost discretion so as not to arouse suspicion from the employee. Our goal is not harassment but the collection of objective facts. We note times, places visited, people met, activities observed. If necessary, we document these observations with photographs or videos, always in compliance with legislation (particularly regarding the right to image in public places and the prohibition of filming or photographing in the private sphere). This careful approach ensures our corporate investigations provide admissible evidence.

Legal Evidence Admissible in Court

Unlike simple surveillance carried out by the employer themselves or other employees (which can be legally risky), evidence gathered by a licensed private investigator is considered legally admissible before civil and commercial courts (Labour Courts, Commercial Courts). A detective’s investigation report is a detailed testimony that is considered factual until proven otherwise. We specialise in providing solid evidence for your legal proceedings.

We ensure that our investigation methods strictly comply with the legal framework to guarantee the validity of our evidence. This is essential for the employer to be able to rely on our report to justify disciplinary action (such as dismissal for gross misconduct) or legal action (e.g., for unfair competition). This is the core of effective employer protection through investigation.

Hiring My Own Detective means ensuring an HR investigation conducted according to best practices, by professionals trained and licensed by the National Council for Private Security Activities (CNAPS) in France, guaranteeing competence and legitimacy. Our license is your guarantee of trust.

Saving Time, Expertise, and Objectivity

For an employer, managing a suspicion of employee fraud takes considerable time and requires specific skills. Outsourcing this task to a private investigator allows the company to focus on its core business. We have experience with various scenarios of abusive sick leave and know how to approach them effectively. Our external and objective perspective guarantees an impartial assessment of the situation, based solely on observed facts. Our range of services covers all aspects of investigation.

Furthermore, our intervention is particularly relevant when the medical check is insufficient. The controlling doctor assesses the state of health at a specific moment but cannot confirm if the employee is working elsewhere or engaging in incompatible activities outside of that examination. The detective documents the employee’s behavior and activities over time, providing different but equally essential evidence to prove fraud. This is key for thorough sick leave verification.

Whether for proactive or reactive employer protection, for corporate investigations or business investigations, My Own Detective is your partner to navigate these sensitive situations with expertise and legality. Our commitment: provide you with the necessary evidence to make informed decisions and protect your company.

Prevention: How to Minimise the Risk of Abuse

While reacting to abusive sick leave is crucial, implementing preventive measures is equally important. An effective employer protection strategy begins well before any suspicion of fraud. It relies on a combination of clarity, communication, and vigilance.

Establish Clear Rules

Ensure your staff is fully informed about procedures and expectations regarding sick leave. The internal regulations, the IT charter (concerning the use of company tools during leave), and internal communications are essential ways to remind employees of their obligations during sick leave, particularly respecting exit hours and the prohibition of engaging in professional activity. Explicitly mentioning the possibility of recourse to the employer’s medical check can have a deterrent effect and aid in preventing sick leave abuse.

Foster Dialogue and Follow-up

Attentive local management can help identify potentially problematic situations early on. Regular follow-up (while respecting medical secrecy) by the HR department or manager, offering job adjustments or return-to-work support, and paying attention to subtle signs (stress, disengagement before leave) are all elements that can prevent some leaves, whether they are abusive or linked to genuine workplace discomfort. A proactive approach can reduce instances of employee dishonesty.

Improve Quality of Work Life (QWL)

A healthy work environment, reasonable workload, good atmosphere, and recognition of employees’ work are factors that contribute to reducing absenteeism, including absenteeism that might stem from a lack of motivation or a desire to escape a difficult professional situation. Investing in QWL is a winning strategy for employee health and company productivity. It’s a key part of long-term employer protection.

Use the Medical Check as a Regular Tool

Not using the medical check tool out of fear of upsetting employees or lack of knowledge opens the door to abuse. Using the medical check, even occasionally and randomly, for certain leaves (especially short and repeated leaves, or leaves suspicious due to their context) sends a clear signal that the company exercises its right to control. It is an important deterrent for employer protection.

Prevention does not replace the need to act in cases of proven fraud, but it helps limit abusive situations and strengthen the framework of trust within the company. It’s a complementary approach to sick leave verification and HR investigation.

Conclusion: Protecting Your Business with Discernment and Professionalism

Dealing with abusive sick leave is a challenge that requires both firmness and respect for the legal framework. It is essential to distinguish legitimate sick leave, a fundamental employee right, from employee fraud, a disloyal and detrimental behaviour.

Employers have legal tools like the medical check and can rely on Social Security controls to verify the legitimacy of leave. However, when suspicions of fraud (double employment, incompatible activities, etc.) are serious, obtaining solid and legally admissible evidence becomes indispensable to take disciplinary action, potentially including dismissal for gross misconduct. It is precisely in these complex situations that the intervention of a licensed private investigator makes full sense.

At My Own Detective, we specialise in investigations related to work and business protection. Our expertise in sick leave verification and HR investigation allows us to conduct discreet and effective investigations to document the facts and gather the necessary evidence for your employer protection. Our investigation report is a key document for any disciplinary or legal procedure.

Don’t let doubts paralyse your business. Proactive absenteeism management, implementing clear policies, and, in case of proven suspicion, resorting to professional investigators like My Own Detective are the keys to addressing abusive sick leave. We help you act legally, protect your interests, and maintain a fair working environment for everyone.

We offer a wide range of services for both private individuals and businesses, always with the same rigor, discretion, and professionalism. As a licensed agency, our legitimacy is recognised.

If you are facing a suspicious situation and wish to explore your options, contact us for a confidential consultation. Together, we will evaluate your situation and determine the best strategy to address it effectively. Employer protection is our priority, and our expertise is at your service.

FAQ: Your Questions About Abusive Sick Leave

What constitutes abusive sick leave?

Sick leave is considered abusive or fraudulent when the employee is not genuinely unable to work according to the terms of their leave, or when they fail to comply with the obligations linked to that leave (such as presence hours or the prohibition of engaging in other activities). It is not a simple administrative error but an attempt to unduly benefit from the system.

Does an employer have the right to check sick leave?

Yes, an employer who pays a salary top-up has the right to have the sick leave checked by an independent controlling doctor at the employee’s home. This is known as the contre-visite médicale or employer medical check. Social Security (CPAM) also conducts its own controls.

What happens if an employee is absent during a medical check?

If the employee is absent from their home during the medical check within mandatory presence hours (or if exits are unrestricted but they are found to be absent without legitimate reason), the employer can suspend the payment of the salary top-up. The absence must be unjustified for this suspension to be permissible.

Can an employee be dismissed for abusive sick leave?

An employee cannot be dismissed *for* being on sick leave. However, they can be dismissed *for gross misconduct* committed during their sick leave, provided there is solid evidence. Engaging in professional activity during leave, failing to comply with essential obligations without justification, or producing a fake medical certificate are valid grounds for dismissal for gross misconduct, subject to respecting the legal disciplinary procedure. This is a form of disciplinary action.

How can a private investigator help with suspicious sick leave?

A private investigator can conduct a discreet investigation to gather factual evidence about the employee’s behaviour and activities during their leave (respecting exit hours, engaging in other activities, incompatible activities, etc.). Their investigation report, legally compiled, is admissible in court and constitutes solid proof for the employer wishing to initiate disciplinary proceedings for gross misconduct. This is a key service for employer protection against employee fraud.

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