Public Sector Sick Leave: New Control Rules and HR Adaptation

The French government is moving to tighten control over sick leave for public sector employees, introducing new limitations on duration, mandatory follow-ups for ongoing illnesses, and stricter administrative oversight starting September 1, 2026, according to a government presentation reported by Localtis.

New Duration Caps and Extension Rules

Beginning September 1, 2026, new limitations on sick leave duration will apply to public sector workers, mirroring rules established for the private sector. According to government documents cited by Localtis, a standard sick leave prescription will be capped at 31 days for an initial absence, while any prolongation will be restricted to a maximum of 62 days.

For any extension of sick leave, public sector employees will be required to consult the healthcare professional who issued the initial prescription. If an agent visits a different practitioner for a renewal, the absence will not be classified as a prolongation, triggering a new waiting day (jour de carence), as noted by the trade union FSU in coverage from Localtis. Furthermore, public sector employees on long-term or extended illness leave will face mandatory renewals every two months, shifting away from the previous requirement of every three to six months.

Administrative Oversight and Working Restrictions

The regulatory updates introduce strict parameters regarding professional activity during health-related absences. The draft decree explicitly bans any remunerated work during ordinary sick leave, aligning the policy with existing restrictions for other types of health-related leaves. To enforce compliance, territorial employers will gain administrative powers to verify that employees respect mandatory home-stay hours. According to Localtis, any “absence injustifiée” during these control hours will result in the suspension of the agent’s salary until the final day of the recorded sick leave period.

At the same time, the rules governing therapeutic part-time work are set to shift starting August 1, 2026. Local authorities will have a window of 30 days to organize an examination by an approved doctor following an employee’s request to work under a therapeutic part-time arrangement. Previously, agents could transition to therapeutic part-time status immediately upon a physician’s prescription. Local public employers will also gain the right to contest the conclusions of the approved doctor before a medical council.

Union and Employer Reactions

Public sector trade unions have strongly criticized the reform measures. The FSU characterized the government’s approach as a “chasse aux malades” (hunt for the sick), while the CGT denounced the proposals as an aggressive, regressive framework that establishes hyper-control over medical leaves and fosters distrust toward ailing workers and medical professionals. Marie-Christine Caraty, president of the CFE-CGC public services federation, told Localtis that she was shocked by the suspicious tone directed at individuals requesting medical leave.

Territorial employers also expressed dissatisfaction, voting against the draft decree. Philippe Laurent, speaking as the spokesperson for the Coordination of Territorial Employers, stated that local elected officials were not genuinely associated with drafting the text. While local leaders supported the objective of better regulating therapeutic part-time work, Laurent criticized the lack of clarity regarding the conditions under which an employer could reject a request, noting that local authorities, including the mayor of Sceaux, view enforcing administrative sick leave controls as outside their role.