Sick Leave for Depression: Duration, Benefits and Employee Rights in 2026
13 November 2026 · 4 min reading time
Join Staffmatch
See job offersSummarize this article with
Depression can make working particularly difficult. Persistent fatigue, sleep disturbances, difficulty concentrating or a loss of interest can prevent an employee from carrying out their usual duties. In some cases, a doctor may therefore prescribe sick leave for depression.
How long can this sick leave last? What benefits can employees receive? And what are their rights during their absence? Here are the rules applicable in France in 2026.
Can you take sick leave for depression?
Depression can justify sick leave when symptoms prevent an employee from performing their usual professional duties. The decision rests with the doctor, who assesses the patient's health condition and its impact on their ability to work.
Depression is a medical condition that can cause significant fatigue, mood disturbances or difficulty carrying out everyday tasks. Its severity varies from person to person.
However, sick leave is not always necessary. Depending on the situation, continuing to work may be beneficial. Conversely, taking a temporary break from work can help patients access appropriate treatment.
Sick leave for depression may therefore accompany psychotherapy, medication or psychiatric care. It does not replace medical treatment.
It is also important to distinguish depression from burnout, or occupational exhaustion. Burnout is associated with prolonged exposure to workplace stress, while depression can have multiple causes. However, both conditions can occur together.
How can you get sick leave for depression?
To obtain sick leave for depression, employees must consult a doctor. This may be their general practitioner, a psychiatrist or another healthcare professional authorized to prescribe sick leave.
During the consultation, the doctor assesses the symptoms and their impact on daily life. They may ask about sleep patterns, mood, concentration and difficulties experienced at work.
If the employee's health condition justifies it, the doctor prescribes sick leave for an appropriate period. The employee must then inform their employer and provide section 3 of the sick leave certificate, generally within 48 hours.
If the certificate has not been submitted electronically, sections 1 and 2 must also be sent to the French Health Insurance system (Assurance Maladie) within the required deadline. Employees must also follow their doctor's instructions.
If an extension is necessary, another consultation allows the doctor to reassess the symptoms and determine whether the employee needs additional time off. In principle, the extension must be prescribed by the original doctor or the employee's usual doctor, except in certain circumstances.
For temporary agency workers, the sick leave certificate must be sent to their temporary employment agency, which is their legal employer.
How long can sick leave for depression last?
The duration of sick leave for depression depends on the severity of the symptoms and how the condition develops. There is no specific maximum total duration for sick leave related to depression.
The French Health Insurance system identifies several possibilities for certain cases of moderate depression. Sick leave lasting one to two weeks may be prescribed, followed by a medical reassessment. A period of approximately one month may also be considered.
These durations are only guidelines. Severe or persistent depression may require several months away from work, depending on the patient's condition.
Since 1 September 2026, each sick leave certificate is generally limited to 31 days for an initial prescription and 62 days for an extension. However, these limits do not restrict the total duration of an employee's absence. Medically justified exceptions remain possible.
Sick leave can therefore be extended when symptoms still prevent the employee from returning to work. The doctor regularly reassesses the situation to adapt the duration of the leave and the treatment provided.
These changes are explained in more detail in our article on the new sick leave rules introduced in September 2026.
What benefits can you receive during sick leave for depression?
Employees on sick leave for depression may receive daily sickness benefits from the French Health Insurance system, provided they meet the usual employment or contribution requirements.
These benefits generally correspond to 50% of the basic daily salary, calculated using gross earnings from the previous three months. The salary taken into account is capped at 1.4 times the monthly French minimum wage (SMIC).
A three-day waiting period generally applies. Benefits therefore begin on the fourth day of sick leave, unless an exception applies.
Depending on their length of service and the applicable rules, employees may also receive supplementary salary payments from their employer. Some collective bargaining agreements provide more favourable conditions.
For ordinary sick leave, daily sickness benefits can be paid for a maximum of 360 days over a three-year period.
Certain severe or recurring forms of depression may also qualify for recognition as a long-term medical condition (ALD) under the French healthcare system. This recognition is not automatic and depends on a medical assessment.
Since 15 October 2026, the maximum benefit payment period for certain non-exempting long-term conditions has been reduced to one year, subject to transitional provisions. Exempting long-term conditions may still qualify for benefits for up to three years.
When sick leave continues for an extended period, employees should therefore check which rules apply to their circumstances with Assurance Maladie.
Do you have to tell your employer about your depression?
Employees are not required to disclose their depression diagnosis to their employer. Medical information is private and protected by medical confidentiality.
Section 3 of the sick leave certificate justifies the employee's absence and specifies its duration. It does not disclose the nature of the illness to the employer.
Employees are free to discuss their difficulties if they wish. They can explain how their health condition affects their work without revealing their diagnosis.
This confidentiality is particularly important when depression is associated with workplace difficulties. Employees can consult an occupational physician, who is also bound by medical confidentiality, to discuss possible workplace adjustments.
The occupational physician may recommend changes to working hours, duties or work organization without disclosing the diagnosis to the employer.
Can you go out while on sick leave for depression?
The rules on going out during sick leave for depression depend on the doctor's instructions. Outings may be prohibited, subject to mandatory periods at home or unrestricted when medically justified.
For someone experiencing depression, walking, getting fresh air or maintaining social contact may sometimes support recovery. However, these activities must remain compatible with medical instructions.
An important distinction exists between unrestricted outings and authorized activities. Even when employees can leave home without time restrictions, they may still need specific medical authorization to take part in certain activities, particularly sports.
The rules concerning mandatory presence hours, checks and travel are explained in our article on outing times during sick leave.
Can you be dismissed while on sick leave for depression?
Dismissing an employee because of their depression is prohibited. French labour law protects employees against discrimination based on their health condition.
However, sick leave does not provide absolute protection against termination of employment. Dismissal may still occur for reasons unrelated to the illness, including economic or disciplinary grounds.
Prolonged absence may also justify dismissal under strict conditions. The absence must disrupt the company's operations and make it necessary to permanently replace the employee by hiring someone on a permanent contract (CDI).
This possibility is notably excluded when the absence results from the employer's failure to fulfil their health and safety obligations.
Another situation involves unfitness for work. When an employee can no longer perform their duties under conditions compatible with their health, the occupational physician may declare them unfit for their position.
Being on sick leave for depression does not automatically mean that an employee is unfit to perform their job. Unfitness for work involves a separate procedure, which may lead to redeployment or, under certain conditions, dismissal.
How can you return to work after sick leave for depression?
Returning to work after depression may require an adjustment period. The arrangements depend on the employee's health condition and any difficulties experienced before their absence.
The occupational physician can help manage this transition. For sick leave lasting more than 30 days, employees may request a pre-return-to-work medical examination to prepare for their return.
This consultation helps identify potential adjustments to the employee's duties, working hours or working conditions. It can be particularly useful when the work environment has contributed to their difficulties.
Following sick leave lasting at least 60 days for a non-occupational illness, a return-to-work medical examination is generally mandatory. It must be organized within eight days of the employee's return.
Since June 2026, an exemption may apply under certain conditions, particularly when a recent pre-return-to-work examination concluded that no adjustments were necessary and neither party requests another examination.
A gradual return may also be possible through therapeutic part-time work. This arrangement allows employees to resume working reduced hours when medically appropriate, subject to the relevant medical and administrative requirements.
Despite the commonly used French term "mi-temps thérapeutique", which literally means therapeutic half-time work, the employee does not necessarily have to work exactly half their usual hours. The procedures and compensation rules are explained in our article on therapeutic part-time work.
Returning to work does not necessarily mean the end of treatment. Medical follow-up may continue after the employee resumes work, particularly to help prevent relapse.
When depression is linked to workplace difficulties, it is also important to avoid returning to the same conditions without appropriate support. The objective is to ensure that employees can return to work under conditions compatible with their health, at a pace suited to their recovery.
Similar articles
Labor Law
Therapeutic part-time work conditions in 2026
05 March 2026 · 4 min reading time
Therapeutic part-time work discover the conditions, how it works and the steps required to gradually return to work after sick leave.
Labor Law
Unfitness for work: procedure, redeployment and employee rights
22 May 2026 · 5 min reading time
Learn about unfitness for work, the role of the occupational physician, redeployment obligations, employee rights and possible compensation.
Latest News
Sick leave: what changes on 1 September 2026
13 July 2026 · 5 min reading time
Discover the new 31- and 62-day limits, extension rules and what employees need to know.
Become a temp worker with Staffmatch!
OUR MOBILE APPS
Download the temp worker app
Download the business appDownload our temp worker appDownload our business app
Download the temp worker appDownload the business appDownload our temp worker appDownload our business app