This article is being revised, see our file on changes in legislation and changes in the modalities of medical monitoring since January 2017
Management of the return medical visit, what are your responsibilities?
As an employer, it is up to you to set up the management of a return medical examination after certain employee absences.
What are your obligations and those of the employee?
An employee must have a follow-up medical examination, after:
– an absence for maternity leave or professional illness,
– stoppage for at least 30 days following a work accident, illness or non-professional accident.
It is up to you to organize this recovery visit according to certain rules. Anticipate the follow-up medical visit
After the employee returns, you have eight days to give him this medical examination.
It is therefore essential to do this in advance to organize it with the occupational health service. If the visit cannot be made on time, you can possibly agree with the employee to delay his return to work, for example by taking a few days off or RTT. It is also up to you to inform the employee of the return visit, either orally, by letter or by email. Why a follow-up medical examination?
The occupational physician alone is empowered to ensure that the employee’s health allows him to return to his post, by issuing:
– the aptitude notice,
– an aptitude notice recommending certain adjustments: therapeutic half-time, adaptation of the position or reclassification of the employee,
– a notice of incapacity. In this case, the employee will undergo two new medical examinations and you can seek to reclassify him in the company.
Your risks if you do not organize the management of the return medical visit:
As a reminder, the employee’s employment contract was suspended for the duration of his absence and only the follow-up medical examination can reactivate it. By not respecting your obligation, you expose yourself to two risks:
– the employment contract is still suspended, the employee must not work and you do not have to pay him a salary,
– you can be ordered to pay damages to your employee for the damage caused.
The risks of an employee who does not show up for the follow-up medical examination
The employee must submit to this medical examination and it is up to you to ensure it.
If he does not show up for the visit for an illegitimate reason, send him back in writing.
It is indeed essential to prove that you have fulfilled your obligation. If, after several reminders sent by registered letter with acknowledgment of receipt, he refuses to undergo the follow-up medical examination, you have the right to consider dismissing him for serious misconduct.
As you can see, the return medical examination is a legal obligation that neither you nor your employees can afford to take lightly.
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