Verified on 25/12/2022 by PasseportSanté
Your doctor has declared you partially or totally unfit for work.
What does that mean ? What are your employer’s obligations to you? How do you deal with the news on an emotional level?
What is incapacity for work?
If your illness has significant repercussions on your state of health, your employer may declare you partially or totally unfit for work.
However, if your doctor declares you unfit to perform your original job, your employer has an obligation to redeploy, ie he must offer you another job according to your abilities. An obligation from which your employer is however exempted if the notice of incapacity specifies that keeping you in a job would be detrimental to your health, and if your state of health as such renders you unfit for any professional activity.
What job can you be offered?
Your employer’s proposal must take into account various criteria, in particular the written conclusions of the occupational physician, as well as the indications he has established concerning your ability to perform one of the existing tasks in the company. Employment must be sought among the positions available in the company, whatever the sectors.
The occupational physician also gives his opinion on your ability to follow training for a position more suited to your condition. Beyond the fact that the work he offers you must be as close as possible to the one you were doing before, he is also required to do everything possible so that you can perform your duties (particularly layout). If the employer has no other job to offer you, he must give you a written document detailing the reasons for this impossibility of redeployment.
Finally, know that you have the right to refuse the position offered if it does not suit you.
Unfitness for work is not established by your attending physician, but by the company’s occupational physician. After having studied your physical and/or mental state, he gives his opinion on your ability to resume a professional activity or not.
This decision can be challenged before the industrial tribunal within 15 days.
Unfit for work: what impact on the mental health of the employee?
Incapacity means losing one’s physical and/or mental capacities. This can lead to significant psychological suffering, given the loss of autonomy generated.
To limit this impact, it is essential not to remain isolated and to externalize what we feel. Support from a psychologist or psychiatrist may prove necessary, whether the incapacity is partial or total.
As difficult as the situation is, it can also be an opportunity to take more time for yourself, to refocus on the essentials. Relaxation techniques such as yoga, meditation or sophrology can help to better understand the situation.
Often, inability to work is accompanied by physical symptoms such as fatigue, sleep disorders, muscle and joint pain, digestive disorders or even headaches. Improving lifestyle and stress management help to better understand incapacity for work.
Unfit for work: retire earlier
Being recognized as unfit for work can, under certain conditions, allow you to claim a full pension (50%) from the age of 62, regardless of your number of quarters.
Unfitness for work must be recognized and validated by the medical adviser of the fund granting the pension. A medical file must be attached to the request.
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Unfit for work: how to apprehend it?
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