An employee on sick leave may have their daily allowances interrupted after 360 days over three years, even if their health condition still justifies it. This limit does not apply in cases of recognized long-term illness, where specific rules apply. Some companies maintain salary in addition to Social Security, but this maintenance is neither systematic nor unlimited. Conditions vary according to collective agreements, the nature of the employment contract, or the employee’s seniority.
Sick Leave in France: What You Really Need to Know About Duration
The roadmap is clearly defined starting September 1, 2026: no sick leave can be prescribed for more than 31 days at a time, whether in a clinic, hospital, or remotely. The practitioner can renew the leave as long as the situation requires it, but the total must never exceed 93 consecutive days. This framework, resulting from the 2026 Social Security financing law, requires tighter management of sick leaves as health insurance expenses rise each year.
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The crucial point, affecting most employees, concerns the limitation on the duration of sick leave, which will be the new basic rule. A few situations slip through the cracks: for a long-term illness (ALD), a work-related accident, or an occupational disease, this ceiling does not apply. Here, only medical justification matters, provided that arguments are presented and the opinion of the medical advisor is obtained, while respecting the framework set by the High Authority of Health.
Beware of those who neglect formalities: the National Health Insurance Fund keeps a close watch, checking the compliance of sick leaves and requiring timely submissions, accompanied by a solid medical file. After three days of waiting, the daily allowance (41.95 € gross per day for a “classic” sick leave starting in 2026) takes over. Subsequently, collective agreements may allow the employer to cover all or part of the difference with the usual salary. It is clear: managing the duration of sick leave becomes a crucial aspect for everyone, regardless of their sector.
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How Long Can One Be on Sick Leave Depending on Their Situation?
The maximum duration granted for sick leave depends on the medical reason stated and the professional status. Starting in September 2026, a “classic” sick leave can initially only be established for 31 days; renewal is possible, but the limit of 93 consecutive days applies, unless exceptional validation from the medical profession and the High Authority of Health is obtained.
In practice, it is important to distinguish:
- For a common illness, daily allowances are granted for a maximum of 360 days, all leaves combined, over a three-year period and capped at 41.95 € gross per day starting in 2026.
- In the case of an occupational disease or work-related accident, this cap is lifted: coverage continues as long as the employee’s health condition requires it, until recovery or declaration of unfitness.
- For a long-term illness (ALD), Social Security extends compensation for up to three years, with no limit on the number of days.
The status, reason for the leave, and the specific collective rules of the company therefore determine access to allowances or partial maintenance of salary. Each leave imposes a three-day waiting period, except for work-related accidents or occupational diseases. Some agreements even allow the employer to guarantee up to 100% of the salary for a defined period. All these elements vary and encourage a detailed examination of contractual conditions and medical justifications.
What Happens When the Maximum Duration is Reached? Explanations and Possible Options
If the compensation limit is reached, the cessation of payments by Social Security becomes automatic, with a few rare exceptions (recognized ALD, ongoing work-related accident, or occupational disease). The employee must then consider the next steps: returning to work, seeking reassignment, or, a solution rarely easy to accept, ending the contract after a medical assessment.
Steps and Possible Recourses
Here are the main options, depending on the situation:
- Return to work: after a leave exceeding 30 days, a return-to-work visit with the occupational doctor is mandatory. The doctor decides on fitness or suggests reassignment if returning to the same position seems compromised.
- Exceptional extension: the treating physician can request a waiver, provided they support the file with solid medical arguments and respect the opinion of the medical advisor. This is only accepted with formal justifications and recommendations from the High Authority of Health.
- Unused paid leave: even during sick leave, the principle of accruing leave remains valid (2 working days per month, or 2.5 in case of work-related accidents or occupational diseases). Unused leave can be carried over for up to 15 months after returning, subject to a written notice given to the employer.
Social Security can initiate a check at any time: clarifications on the medical reason, home verification, or even a counter-visit at the employer’s initiative. Failure or irregularity: allowances are immediately stopped, without notice.
If returning to work is impossible or postponed, the matter shifts to the occupational doctor, who may suggest reassignment or, failing that, a dismissal procedure for unfitness. Anticipation and precision in the procedures make all the difference in this regulated process, where every employee must navigate rights, checks, and medical decisions. And a sick leave never ends with just a phone call: it marks a boundary between before and after that rarely leaves one indifferent.