The issue of absenteeism and the growing cost of sick leave resurfaces following an announcement from Michel Barnier‘s government which wants to introduce uncompensated waiting days. On the one hand, this measure could strengthen employee accountability; on the other, it questions the repercussions for workers and on a legal level. One thing is certain, this idea sparks debate among parliamentarians.
A response to the explosion of social security spending
The cost of sick leave has exploded in recent years, exceeding 16 billion euros, with significant consequences on the finances of Social Security. Faced with this observation, certain deputies, particularly from the ranks of the Republican Right and the center, are considering measures to slow down this progression. Among these proposals, the establishment of so-called “public order” waiting days is seen as an effective way of making employees responsible and containing expenses.
Currently, employees on sick leave can be compensated from the first day by their employer, although Social Security intervenes from the fourth day. The introduction of compulsory uncompensated waiting days would therefore require employees to endure one or more days without pay in the event of short-term leave. This reform therefore aims to reduce work stoppages deemed abusive, with the idea that employees would be less inclined to request short-term stoppages if they are not immediately compensated.
Collaboration between parliamentarians and employers
This measure is supported by deputies from various political groups, including some close to the current government of Michel Barnier. They have joined forces with employers to defend the idea of uncompensated waiting days. The arguments put forward by elected officials, such as Charles Sitzenstuhl, underline the need for “responsibility of the insured”, in particular for short-term sick leave, often perceived as more easily subject to abuse.
In addition to limiting compensation for short stoppages, the measure includes a suggestion to reduce unnecessary medical procedures. Indeed, if employees know that their short-term sick leave is not compensated, they could go to the doctor less often to obtain a medical certificate. Thus, by limiting these consultation acts, this reform could potentially help to relieve congestion in medical practices.
Debates and issues surrounding the implementation of uncompensated waiting days
The legal and social aspects in question
Although this measure could represent a significant saving for Social Security and businesses, it is not without raising legal questions. Some experts point out that public order waiting days could contravene the principle of freedom of contract, by preventing employers from offering additional coverage for the first days of sick leave for their employees.
At the same time, the Court of Auditors, which has already mentioned this idea in 2023, points out the risk of discrimination between employees. Indeed, if civil servants and the private sector have to observe uncompensated waiting days, this could accentuate social inequalities, with private sector employees generally being less covered than their public sector counterparts in terms of social benefits.
A potential impact on absenteeism
Supporters of this reform also put forward the argument that the introduction of waiting days could curb absenteeism within private companies. Centrists, for example, believe that in the absence of immediate financial compensation, short-term sick leave could decrease, thus limiting potential abuse.
However, other voices are being raised to warn of the negative effects that the implementation of this measure could cause. In particular, unions fear that waiting days will encourage sick employees to work despite their condition, thus risking worsening their condition and affecting their productivity. The question of individual responsibility is therefore at the center of this debate, opposing the vision of a “responsible” employee and an employee forced to continue working despite poor health.
Towards a broader reform of sick leave?
In addition to waiting days, parliamentarians also raised the possibility of allowing employees to self-declare sick leave, without going through a doctor for sick leave that does not require compensation. This proposal, supported by Thibault Bazin, deputy of the Republican Right, aims to free up time for doctors while simplifying procedures for employees.
Self-declared sick leave would represent a temporary solution for minor ailments which, according to parliamentarians, do not necessarily require a visit to the doctor. On the other hand, this system could also present flaws, particularly in terms of control and monitoring of sick leave. Some fear that such a measure could open the door to abuse, with employees being able to easily self-declare a stoppage without medical justification.
The coming weeks will be decisive in observing whether this proposal obtains sufficient support within the legislative bodies. In all cases, the issue of absenteeism remains at the heart of the concerns of Social Security, which will have to find solutions to alleviate the growing financial burden of sick leave without penalizing employees in precarious situations.
