OD FLASH | Unfitness established during a return-to-work medical examination while on sick leave

Court of Cassation, Social Chamber, 10 December 2025, No. 24-15.511

An employee challenges the validity of a finding of unfitness issued following a return-to-work medical examination organised while he was still on sick leave due to a workplace accident, arguing that such an examination cannot take place during the suspension of the employment contract.

The Paris Court of Appeal rejects this argument and holds that the finding of unfitness is valid. The employee lodges an appeal on points of law.

The Court of Cassation upholds the Court of Appeal’s decision and dismisses the appeal. It states that the employer may organise a return-to-work medical examination during which the occupational physician may declare an employee unfit, regardless of the fact that the examination takes place during the suspension of the employment contract, including where the employee has submitted further sick leave certificates. In this case, the finding of unfitness was issued following a return-to-work medical examination duly organised after the end of a period of sick leave, which had been extended prior to the date of the examination.

The finding of unfitness was issued after a job assessment and discussions with both the employer and the employee. The Court of Cassation concludes that the unfitness was validly established, thereby triggering, where applicable, the employer’s obligation to initiate the redeployment procedure.