In France, sick leave (arrêt maladie) is a two-layered system: Sécurité sociale pays daily allowances (indemnités journalières de la Sécurité sociale, IJSS) at around 50% of capped daily wage from the fourth day, and most employers must top up to a higher percentage of normal salary under the Loi de mensualisation 1978 and applicable collective agreements.

Statutory entitlement

Sécurité sociale IJSS at 50% of average daily wage (capped at 1.8 × SMIC) from the fourth day of incapacity. Employer top-up to 90% of gross salary for 30 days, then 66.66% for the next 30 days, with extensions for longer service (Loi de mensualisation).

Eligibility

Sécurité sociale IJSS requires sufficient prior contributions (e.g., 150 hours worked in the previous 90 days). Employer top-up requires at least one year of service unless a collective agreement provides otherwise.

Employer obligations

  • Maintain salary at 90% of gross for 30 days and 66.66% for the next 30 days, less the IJSS, for employees with at least one year of service.
  • Extend the maintenance period by 10 days per additional five years of service, up to 90+90 days.
  • Submit the attestation de salaire to Sécurité sociale promptly so IJSS payments can begin.
  • Apply the contractual or sectoral subrogation arrangement so the employee receives a single payment.
  • Keep records of arrêt maladie certificates and reasons for any disciplinary action.

Employee rights

  • Right to send the medical certificate to Sécurité sociale and the employer within 48 hours.
  • Right to receive employer top-up after the qualifying conditions are met.
  • Right to recover paid leave that overlapped with certified sickness (per recent Cour de cassation rulings).
  • Right to job protection during arrêt maladie, with reinstatement rights subject to medical fitness.

Common pitfalls

  • Forgetting the three-day délai de carence for IJSS — Sécurité sociale pays from the fourth day, but the employer top-up usually covers the first three days for eligible employees.
  • Treating arrêt maladie as a deduction from paid leave — recent French case law confirms that paid leave continues to accrue.
  • Failing to submit the attestation de salaire promptly, delaying IJSS for the employee.
  • Applying base salary only when calculating top-up — many CCNLs require maintained salary including regular allowances.

How IJSS works

Sécurité sociale pays IJSS at 50% of the average daily wage of the previous three months, capped at 1.8 times the SMIC. There is a three-day waiting period (délai de carence) before payments start, unless the case is a work accident or a recurring condition.

Employer top-up under the Loi de mensualisation

Employees with at least one year of service are entitled to maintained salary at 90% of gross for 30 days and 66.66% for the next 30 days, less the IJSS already paid. The duration extends by 10 days per additional five years of service, up to a total of 90 + 90 days. CCNL can be more generous.

Long-term illness (ALD)

For long-term conditions classified as Affection de Longue Durée (ALD), Sécurité sociale covers IJSS at higher rates and for longer periods, with full reimbursement of related medical costs.

Frequently asked questions

How is sick leave paid in France?

Sécurité sociale pays IJSS at 50% of capped daily wage from the fourth day. Most employers top up to 90% of gross for 30 days and 66.66% for the next 30 days, depending on length of service.

Is there a waiting period for sick leave in France?

Yes — three days for Sécurité sociale IJSS. The employer top-up usually covers the first three days for employees who meet the one-year service requirement.

Does paid leave accrue during sick leave in France?

Yes. Following recent French Supreme Court rulings aligning with EU law, periods of sick leave count as worked time for the accrual of paid annual leave.

Sources

This page is provided for general guidance and does not constitute legal advice. Always check the cited primary source for current law before making employment decisions.