Return and Pre-Return Medical Visits: What's Changing

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🔎 Key takeaways

The occupational physician must now inform the employer that a pre-return visit has been organised, unless the employee objects.
The return-to-work visit can be avoided if a pre-return visit took place within the previous 30 days and no individual adjustment measure was considered necessary.

Please note: This article concerns French legislation. The requirements described may not apply in other countries.

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Obligation for the physician to inform the employer that a pre-return visit has been organised

As a reminder, a pre-return visit may be organised for employees who have been on sick leave for more than thirty days. It is initiated by the employee, the treating physician, the health insurance medical services, or the occupational physician, as soon as the employee's return to their position is being considered.

Unless the employee objects, the occupational physician must now inform the employer that a pre-return visit has been organised. Previously, only any recommendations made were communicated to the employer.
As a result, even in the absence of recommendations, the employer is now informed that a pre-return visit has taken place.

Addition of an exception to the return-to-work visit

As a reminder, a return-to-work examination must be scheduled within 8 days of the employee returning to their position, in the following cases:

after maternity leave;
after an absence due to an occupational illness;
after an absence of at least 30 days due to a workplace accident;
after an absence of at least 60 days due to a non-occupational illness or accident.

Unless requested by the occupational physician, the employer or the employee, the return-to-work visit is now no longer required where the following cumulative conditions are met:

the employee had a pre-return visit within the thirty days preceding their actual return to work;
during that visit, the occupational physician concluded that no individual measure to adjust, adapt or convert the position, and no working-time adjustment measure, was necessary for the return.