In a decision dated 10 December 2025 (French Supreme Court, n°24-15.511), the French Supreme Court clarified the circumstances under which an occupational physician may validly issue a finding of unfitness for work (avis d’inaptitude).
In this case, an employee had been on sick leave, which was regularly renewed. At the end of the most recent sick leave period, the employer arranged a medical examination, following which the occupational physician declared the employee unfit for his position. After the examination had been scheduled, the employee submitted a further sick leave certificate, thereby extending the suspension of his employment contract.
The employee challenged the validity of the unfitness opinion before the Labour Court, arguing that a medical examination could not lawfully take place while the employment contract was suspended. He claimed that a return-to-work medical examination could only be carried out once he had effectively resumed work.
Both the Employment Tribunal and the Court of Appeal dismissed the employee’s claim, holding that the occupational physician was entitled to assess and declare the employee unfit, regardless of the fact that the examination took place during the suspension of the employment contract.
The Supreme Court upheld this reasoning. It ruled that, under Article R. 4624-31 of the French Labour Code, the occupational physician is authorised to declare an employee unfit for their position following a medical examination, “regardless of whether the examination takes place during a period of suspension of the employment contract, and notwithstanding the employee’s submission of additional sick leave certificates”.
Consequently, an unfitness opinion may be validly issued irrespective of the type of medical examination—whether a return-to-work visit or an examination requested by one of the parties—and even where the employee remains on sick leave at the time of the assessment. Naturally, such an opinion is only valid if the occupational physician is able to effectively assess the employee’s health condition, which presupposes that the employee attends the medical appointment, including during a period of sick leave.
In practice, this ruling prevents employees from challenging an unfitness opinion solely by extending their sick leave, provided the medical examination was properly organised and the employee was able to attend.
