Unfitness for work: procedure, redeployment and employee rights
22 May 2026 · 5 min reading time
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See job offersUnfitness for work may be declared when an employee can no longer occupy their job position under conditions compatible with their state of health. It is not simply a prolonged sick leave: it opens a specific unfitness procedure, involving the occupational physician, an analysis of the position, then the search for a suitable solution where possible.
For the employee, this situation quickly raises several questions: can they return to their position, must the employer offer redeployment, what happens to their salary, is dismissal for unfitness possible and what appeals are available in the event of disagreement? Here are the key points to know to understand the stages of unfitness for work and the related employee rights.
Unfitness for work: what changes for the employee?
Unfitness does not necessarily mean that the employee can no longer work. It means that their current position is no longer compatible with their state of health. An employee may therefore be declared unfit for their usual job, while still being able to perform other tasks, with fewer physical constraints, different working hours or an adapted organisation.
This distinction is important because unfitness for work first opens the search for a solution. Depending on the situation, the employer may consider a job adjustment, a change in duties, a transfer or redeployment to a position compatible with the employee’s abilities.
The origin of the unfitness also matters. When it is linked to a workplace accident or an occupational disease, it is referred to as work-related unfitness. When it results from an illness or an accident with no recognised link to work, it is considered non-work-related. This difference may affect the employee’s rights, particularly in terms of compensation.
Unfitness, sick leave, incapacity, disability: what are the differences?
These concepts are often confused, even though they do not involve the same procedures. The difference mainly lies in the competent contact person and the consequences for the employment contract.
| Concept | What it means | Main contact |
|---|---|---|
| Sick leave | Temporary absence justified by the employee’s state of health | General practitioner |
| Unfitness for work | Position that has become incompatible with the employee’s state of health | Occupational physician |
| Incapacity for work | Temporary or long-term inability to work or perform certain tasks | Doctor or Health Insurance, depending on the case |
| Disability | Long-term reduction in working or earning capacity | Health Insurance |
A sick leave justifies an absence. Unfitness is more often assessed when the employee is due to return to their position or when it is necessary to check whether they can continue occupying it. Disability, on the other hand, falls under Health Insurance and does not replace the occupational physician’s opinion. An employee may therefore be on sick leave without being unfit, be recognised as disabled without automatically being declared unfit, or be unfit for a position while still being able to perform another activity.
Who can declare unfitness for work?
Unfitness cannot be decided by the employer, the employee or the general practitioner. Only the occupational physician can declare an employee unfit for their position.
Before issuing their opinion, the occupational physician must assess both the employee’s state of health and the actual constraints of the position. Article L4624-4 of the French Labour Code states that unfitness may be declared when no job adjustment, adaptation or transformation measure is possible. In practice, the occupational physician relies in particular on the employee’s medical examination, the job study, the working conditions and discussions with the employer.
This analysis makes it possible to check whether a return to work remains possible with adjustments, or whether the position has become incompatible with the employee’s health. The unfitness opinion may be issued after a single medical examination. If the occupational physician considers that a second examination is necessary, it takes place within a limited timeframe.
When can the unfitness procedure begin?
The unfitness procedure often begins during a return-to-work medical examination, after a sick leave. This visit is used to assess whether the employee can return to their position, whether they need an adjustment or whether another solution should be considered.
This visit is organised after certain health-related absences, for example after an occupational disease, a workplace accident or a sufficiently long period of sick leave. It makes it possible to check whether the position is compatible with the employee’s state of health, examine possible adjustments and, if necessary, issue an unfitness opinion.
The difficulty may also be anticipated through a pre-return-to-work medical examination, organised during the sick leave. This visit does not allow unfitness to be officially declared, but it can help prepare the employee’s return to the company. The occupational physician may then recommend adjustments, job adaptations, redeployment or vocational training.
This anticipation is useful when certain constraints already seem difficult to resume: carrying loads, repetitive movements, driving, prolonged standing, night work, significant mental workload or exposure to a specific risk.
How should an unfitness opinion be read?
The unfitness opinion determines the rest of the procedure. It should therefore be read carefully, focusing on three elements: the medical restrictions, the remaining abilities and the possible presence of an exemption from redeployment.
The restrictions indicate what the employee can no longer do: carry loads, perform certain movements, work certain hours, stand for long periods, be exposed to a risk or tolerate a specific constraint. The remaining abilities are just as useful, as they can guide the employer towards a suitable position.
The wording on redeployment is decisive. When the opinion states that keeping the employee in any job would be seriously harmful to their health, or that their state of health prevents any redeployment, the employer may be exempt from looking for a solution. Without this wording, the employer must in principle examine redeployment possibilities.
What must the employer do after the unfitness opinion?
After the unfitness opinion, the employer must rely on the indications provided by the occupational physician. Unless there is an express exemption, they must look for a position compatible with the employee’s abilities.
This redeployment obligation is provided for by Article L1226-2 of the French Labour Code when the unfitness is non-work-related, and by Article L1226-10 when it follows a workplace accident or an occupational disease. In both cases, the employer must look for a suitable solution before considering a termination of the contract.
Redeployment can take several forms: adjustment of duties, change of position, adjustment of working hours, transfer, training or reduction of certain constraints. The proposed position must be as close as possible to the previous job, while respecting the medical restrictions. When the company has a CSE, it must be consulted as part of this search. If no position can be offered, the employer must be able to explain why redeployment is impossible.
Can the employee refuse a redeployment position?
A redeployment proposal must be assessed concretely before being accepted or refused. The employee must check whether the position complies with the indications of the occupational physician, but also whether it significantly changes their working conditions.
If the position is compatible with the employee’s state of health and remains consistent with their contract, refusal may lead the employer to continue the dismissal for unfitness procedure. However, if the proposal does not comply with the medical restrictions, involves a major change or seems unsuitable for the situation, the refusal should be considered carefully.
Before responding, it is useful to compare the proposal with the medical opinion: duties, working hours, workplace, pay, physical constraints, mental workload and organisation of the position. This stage is often decisive in determining whether the employee can remain employed.
Can an employee be dismissed for unfitness?
Dismissal for unfitness may occur when it is no longer possible to keep the employee in the company. This is the case if no redeployment is possible, if the employee refuses a suitable proposal or if the occupational physician’s opinion exempts the employer from looking for redeployment.
This dismissal is not based directly on the employee’s state of health. It is based on the impossibility of maintaining the employment contract under conditions compatible with the employee’s abilities. This is why the employer must be able to justify the steps taken before initiating the termination of the contract.
Salary and compensation: what happens after the unfitness opinion?
The one-month period is a key point. From the date of the unfitness opinion, the employer has one month to redeploy the employee or initiate termination of the contract if no redeployment is possible.
If the employee has neither been redeployed nor dismissed by the end of this period, the employer must resume the payment of salary corresponding to the job held before the unfitness. This rule is provided for by Article L1226-4 of the French Labour Code in cases of non-work-related unfitness, and by Article L1226-11 in cases of work-related unfitness. Payment continues until redeployment or termination of the contract.
In the event of dismissal, compensation varies depending on the origin of the unfitness. If it is non-work-related, the employee may receive the statutory dismissal indemnity or the contractual indemnity when they meet the required conditions. If it is work-related, the rules are more favourable: the employee may in particular receive a special dismissal indemnity, as well as compensation equivalent to the compensatory payment in lieu of notice, except in specific cases.
When the unfitness is linked to a workplace accident or an occupational disease, a temporary unfitness allowance may also be requested under certain conditions. It covers the period between the unfitness opinion and redeployment or dismissal.
Can an unfitness opinion be challenged?
An unfitness opinion may be challenged by the employee or the employer when the disagreement concerns the opinions, proposals, written conclusions or indications of the occupational physician based on medical elements.
The challenge is brought before the employment tribunal under the expedited procedure on the merits. Article R4624-45 of the French Labour Code sets a 15-day deadline from notification of the opinion. The available appeal options and deadlines must be stated on the opinion issued by the occupational physician.
This deadline is short. If the employee believes that the opinion does not take into account their actual position, restrictions, abilities or possible adjustments, they must act quickly. Challenging an opinion does not mean denying a health problem: it makes it possible to verify that the medical and professional situation has been properly assessed.
Unfitness for work and fixed-term contracts: what are the consequences?
Unfitness for work can also concern an employee on a fixed-term contract. The logic remains the same: when the redeployment obligation applies, the employer must look for a solution compatible with the employee’s abilities.
If no redeployment is possible, if the employee refuses a suitable proposal or if the opinion exempts the employer from redeployment, the fixed-term contract may be terminated early. This early termination of a fixed-term contract may give rise to compensation, the amount of which depends in particular on whether the unfitness is work-related or non-work-related.
The employee should keep all documents related to the procedure: sick leave, occupational physician’s opinion, exchanges with the employer, proposals received, any refusal and termination notice.
Unfitness for work and temporary agency work: what are the specific features?
For a temporary agency worker, the difficulty often comes from the number of contacts involved. The temporary employment agency is the legal employer, while the user company is the place where the assignment is carried out. In the event of unfitness, the agency must therefore be informed quickly.
If the unfitness or sick leave follows an accident that occurred during the assignment, the facts must be reported so that the procedures related to the workplace accident can be initiated. The user company may be involved in the circumstances of the accident or the working conditions, but the agency remains the employee’s central contact.
It is also advisable to keep the occupational physician’s opinion, any sick leave documents, exchanges with the agency, documents related to the assignment and any accident declaration. These documents may be useful to understand the origin of the unfitness, the possible compensation and the next steps regarding the contract.
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