The Social Security deficit is expected to reach 23 billion euros this year, according to the Court of Auditors. To curb this drift, two amendments adopted by the Social Affairs Committee propose a unique solution: allowing doctors to prescribe the continuation or resumption of a teleworking activity. And this, instead of total sick leave, when the patient’s state of health allows it.
A measure to limit sick leave
Concretely, this measure would target musculoskeletal disorders (low back pain, neck pain, etc.) and mild to moderate anxiety-depressive conditions. The goal: to encourage a gradual return to work, while reducing the financial burden on Social Security.
These amendments also provide that this prescription is made with the agreement of the employee. But also that his position is compatible with teleworking. The precise terms will be set by a decree in the Council of State.
A system that could concern nearly a third of assets
Today, an employee on sick leave does not have the right to work, even remotely. If the measure is adopted, companies would no longer be able to refuse teleworking prescribed for medical reasons, as long as the position is suitable. This could concern up to 30% of assets. The objective is threefold: to prevent professional disintegration, reduce avoidable stoppages and maintain the link between the employee and their company.
According to a study by the Teleworking Observatory, 76% of employees have already worked from home while they were sick. This proposal would therefore regulate an already widespread practice, while giving it a legal and medical framework.
But the device raises many questions. What about psychologically exhausted patients, the material conditions of working at home, or the border between rest and professional obligation?
“An interesting idea, provided it remains on a voluntary basis”
For Dr. Gérald Kierzek, emergency physician and medical director of True Medical, the idea deserves to be studied with caution.
“This is an alternative to a complete work stoppage, when the employee’s state of health really allows it.” he says first of all. “This measure targets in particular people suffering from musculoskeletal disorders (such as lower back pain) and mild to moderate anxiety-depressive conditions, by promoting a gradual and safe return to work.
The doctor therefore sees a real interest in it, provided that certain limits are respected. “Prescribed teleworking would thus replace certain sick leave, with the agreement of the employee and provided that their position is eligible for this organization. Why not? This approach aims to limit professional disintegration, reduce daily allowances for Social Security, and reduce absenteeism while maintaining the link with the company.”
But he warns against possible abuses. “However, pay attention to the practical arrangements, medical criteria, duration and conditions of agreement with the employer, which will be specified by decree. The risk is to end up with a measure that is purely accounting and not in the interest of the employee. For me, this must remain on the voluntary basis of the employee and in co-decision with the doctor. We are not all equal when working remotely – housing, children, environment…”
he emphasizes.
An essential nuance, especially in a context where teleworking can be a source of isolation, or even additional pressure.
A step towards a new model of occupational health?
Coincidentally, four days ago, a report from Terra Nova warned about the issue of mental health in the workplace. “Companies no longer have the choice of wait-and-see, they must make the subject a priority“, underlines Martin Richer, consultant in corporate social responsibility and founder of Management & RSE, author of the think tank note with David Mahé, founder of Human & Work, president of Stimulus and president of Syntec Conseil.
Both deplore that “apart from a few brilliant exceptions, (the issue of mental health has) not entered the room of executive committees and boards of directors“.
The figures speak for themselves: the number of psychological pathologies recognized as of professional origin, that is to say linked to the work and management context, has more than doubled between 2016 and today, according to the Ministry of Labor. This would only be the tip of the iceberg due to a phenomenon of chronic under-declaration, underlines the report, which reviews numerous surveys.
However, during his – brief – visit to Matignon, Michel Barnier made mental health a “great national cause” for 2025… The National Assembly will examine the measure in the coming weeks. To come into force, it must be adopted in plenary session and appear in the final Social Security financing bill voted by Parliament. And if it is adopted, teleworking on medical prescription could well permanently transform the way in which France conceives of sick leave.