Everything you need to know about sick leave in temporary work.
05 December 2022 · 5 min reading time
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See job offersDuring a temporary work assignment, temporary workers, like all employees, can fall ill. However, temporary workers on sick leave have the same rights as others. Therefore, they must send the sick leave certificate to their employer. Note that the employer is the temporary employment agency, not the user company!
Learn more about the procedures in case of inability to work.
Temporary Workers and Sick Leave: The Procedure to Follow with the Employer
Temporary workers also benefit from Social Security protection. When they are sick, they must obtain a sick leave certificate from a doctor. This must occur during the assignment.
The sick leave certificate must be sent urgently to the employer
Temporary workers must send their sick leave certificate immediately to their temporary employment agency. The agency represents the employer status. Of course, they must also inform the user company of the expected duration of their absence. The notice period is 24 hours. It is advisable to provide proof of their condition.
What to do When the Doctor Prescribes Sick Leave Online?
The treating physician can prescribe sick leave online. In such cases, the practitioner gives the patient a paper copy of their declaration. This document must be submitted to the temporary employment agency within 48 hours. The user company must also be informed.
Declaring Work Interruption to the CPAM (Primary Health Insurance Fund)
Temporary employees must imperatively inform the CPAM of their temporary inability to work. Again, there is a procedure to follow. Otherwise, the insured person risks not activating their social protection.
Informing the Primary Health Insurance Fund of Sick Leave
According to the Social Security Code, employees on temporary assignments must justify their sick leave to the CPAM within 48 hours. In addition, they must provide a salary certificate. This allows the Social Security Fund to calculate their daily allowances.
The Penalty for Failure to Send the Sick Leave Certificate to the CPAM
The regulations require the communication of this document to the CPAM within 48 hours. It should be noted that late justification may delay payment. It also affects the activation of supplementary insurance, if rights are open.
Finally, failure to send the document before the end of the absence prevents the Social Security from making any payment. Worse still, supplementary insurance cannot pay benefits unless the CPAM has also paid them.
What Benefits are Available for a Temporary Worker on Sick Leave?
Temporary workers on sick leave can claim a certain number of benefits. Some are paid by the Social Security Fund. Others may be paid by the supplementary insurance fund. However, the amount of daily allowances is subject to conditions.
Conditions for Opening Benefit Payments to Temporary Workers
According to the law, the contract of a person on sick leave is suspended. Employees are entitled to benefits if they have a certain length of service. When entitlement to compensation is acquired, its payment is subject to waiting days.
Waiting Days in the Payment of Benefits for Temporary Workers
The general system provides for three waiting days per period of sick leave. These days do not apply in case of extension, nor if 48 hours or less separate two periods of sick leave. This waiting period also does not apply in the case of successive periods of sick leave due to a long-term illness.
Length of Service Requirements for Sick Temporary Workers' Benefits
The law sets conditions for a sick temporary worker to receive daily allowances. These differ depending on the duration of the sick leave. They also depend on whether it is a simple illness or a workplace accident, or even an occupational disease.
Benefits for Sick Leave of Less Than 6 Months
When sick leave is less than 6 months, the conditions for granting daily allowances depend on the number of hours worked during the months preceding the interruption. These conditions are not cumulative.
The Case of Temporary Workers with 6 Months of Experience or Less
The worker must have contributed 1,015 times the hourly minimum wage (SMIC) during the last 6 calendar months. Failing that, they must have worked for at least 200 hours during the 90 days preceding the sick leave.
The Case of Temporary Workers with 6 Months of Experience or More
When the worker has more than 6 months of seniority, they are entitled to daily allowances. Their rights are fully open with the Primary Health Insurance Fund. When sick leave extends beyond 6 months, the opening conditions are different.
Extension of Temporary Workers' Sick Leave Beyond 6 Months
When sick leave needs to be extended, the conditions for compensation change. This is at least the case for simple illness or accidents that do not occur at the workplace.
Conditions for Maintaining Payments to Temporary Workers on Sick Leave
When sick leave extends beyond 6 months, temporary employees may lose their benefits if they have not contributed enough. This problem also arises if they have not been registered with Social Security for a sufficient period.
The Date and Duration of Contributions: An Essential Element for Long-Term Leave
Two conditions must be met for the person to continue to receive benefits. The first concerns the date of registration with the Social Security Fund. Thus, the insured person must have been registered for at least 12 months at the time of the work interruption.
On the other hand, they must justify:
- either 2,030 times the hourly minimum wage (SMIC) in the last 12 months, including at least 1,015 times during the last 6 months;
- or having worked for at least 800 hours during the 365 days preceding the interruption. This threshold must include at least 200 hours during the last 3 months.
Calculating Benefits Due to Temporary Workers in Case of Illness
When entitlement to benefits is open, it is necessary to calculate the amount of these benefits. This is why the fund requests a salary certificate.
Calculation of the Amount of the Social Security Daily Allowance
To calculate the amount of the daily allowance, it is first necessary to determine the reference salary. This is calculated based on the gross salary of the last three months. Thus, the basic gross salary corresponds to 1/91.5 of this amount. The daily allowance is 50% of this salary. It can be increased under certain conditions. Note that it is capped and paid every 15 days. Its amount is subject to income tax.
This compensation formula applies to the general system and when the temporary worker has less than one year of seniority.
Example of Benefit Calculation
Let's take the example of a temporary worker with a gross salary of €1,800 per month.
- Calculation of the reference daily salary:
If the temporary worker works an average of 20 days per month, the gross daily salary would be:
€1,800 ÷ 20 days = €90 per day.
- Daily allowance paid by Social Security:
For sick leave of less than 6 months, the allowance paid by Social Security is approximately 50% of the gross daily salary, i.e.:
€90 × 50% = €45 per day.
- Possible supplement via the temporary employment agency or collective agreements:
If the temporary worker benefits from a supplement, for example up to 30%, they could receive:
€45 (IJSS) + €27 (30% of €90) = €72 per day.
Thus, a temporary worker could receive €72 per day during their sick leave, depending on their collective agreement and the length of service requirements met.
The Collective Agreement for Temporary Workers and Sick Leave
It is important not to confuse temporary employment agencies and temporary workers. The collective agreement known as the temporary workers' collective agreement only applies to permanent employees of these companies. Temporary workers have their own supplementary insurance.
Temporary Workers' Supplementary Insurance: A Source of Additional Compensation
Temporary employees have mandatory supplementary insurance. This insurance is financed by the agency. It applies even if they are not on assignment.
Supplementary Insurance: An Obligation of the Temporary Employment Agency
Temporary workers are compulsorily affiliated with a supplementary insurance by their placement agencies. Thus, they benefit from additional compensation in case of health problems. To benefit from this, they must justify 414 hours of assignments during the last 12 months. These may have been completed in different agencies.
The Income Supplement Paid by Supplementary Insurance to Temporary Workers
The supplementary insurance to which the agency contributes supplements the compensation from the general system. It is paid by the employer if the sick worker works for a user company. Otherwise, the supplementary insurance directly compensates the person.
Returning to Work After Sick Leave
Return-to-Work Medical Examination
After a period of sick leave of more than 30 days, temporary workers must undergo a return-to-work medical examination. This examination is mandatory and ensures the temporary worker's fitness to resume work in good conditions.
Conditions for Returning to Work
Upon returning to work, temporary workers must inform their agency of their return date. It is important to discuss available new assignments with the agency, as the initial assignment may have ended during the sick leave.
Specific Cases
Sick Leave During Paid Leave
Since the law of April 22, 2024, temporary workers are entitled to a compensatory allowance for paid leave for periods of suspension of the assignment due to occupational or non-occupational accidents or illnesses, for the entire duration. In case of sick leave during paid leave, the latter is suspended and can be postponed.
You now know how to declare sick leave during a temporary work assignment. Staffmatch supports you in managing the administrative formalities related to this status. To find an assignment, consult our job offers. Present throughout France, our teams select quickly accessible assignments for you.
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