The Law of 10 August 2018 amends the Labour Code
and the Social Security Code by implementing new provisions
regarding the maintaining of the employment contract after
long-term sick leave and progressive return to work.
The following provisions shall be applicable as of 1 January
2019:
According to the new Article L. 121-6 of the Labour Code, in the
event of illness, employees shall be entitled to full salary
payment by the employer until the end of the month of their
77th day of sick leave over a reference period of 18
consecutive weeks (as opposed to the 12-week reference period which
is currently applicable). From the month following the 77th day of
illness, the Caisse Nationale de Santé
("CNS") shall assume the payment of the
sickness benefits. During the previous period, the employer is
entitled to a refund of the salary payments of up to 80% by the
Mutualité des Employeurs
("MDE"). As a consequence of the
reference period increase, the average employer's
