Being Declared Unfit for Work: Role, Procedure, and Common Misconceptions

There are words that hurt even before we understand their meaning. “Incapacity” is one of them. In my practice, I regularly see people who are exhausted, on sick leave for months, who tense up the moment that word is uttered. And often, the resistance doesn’t come from them. It’s the people around them who get alarmed: “You can’t accept that—you’re not unfit.” As if it were a brand of shame, a verdict on one’s worth.

This misconception needs to be cleared up, because it causes people to stay in situations that are harmful to them.Incompetence says nothing about your professional value. It says something about the job itself.

There are three common misconceptions that keep cropping up, and they account for most of the anxiety.

The occupational physician does not assess your work ethic or your professional value. What they evaluate is whether your health condition is compatible with your job and, if applicable, what you would still be able to do or learn as part of a job reassignment.

A sick leave order is prescribed as part of your medical care by a healthcare professional authorized to do so. The occupational physician, on the other hand, does not treat you and does not prescribe sick leave. These are two separate processes.

The Labor Code is more specific than everyday language. The occupational physician declares an employee unfit for his or her job when he or she determines that the employee’s health condition has become incompatible with that position and that no adjustments, adaptations, or modifications are possible (Article L. 4624-4 of the Labor Code).

You may sometimes come across a broader phrasing, such as “unfit for any position within the company.” This does not mean you are unfit for work in general; it applies specifically to your company. However, it’s important to know that this is not without consequences. When the occupational physician expressly states that continuing in any job would be seriously detrimental to your health, or that your health condition prevents any reassignment, the employer may be exempt from seeking a reassignment.

That leaves the shift in perspective, which I believe is essential. If your health has deteriorated to the point where you can no longer hold the position, the question isn’t what’s wrong with you. It’s what, in the way the work is organized, has made the situation untenable.

The determination of unfitness for work is the responsibility of the occupational physician. Neither the employer, nor human resources, nor your primary care physician can make this determination. Certain examinations may be conducted by a physician working under the occupational physician’s supervision, but the determination itself remains the occupational physician’s responsibility.

And it cannot be issued lightly. The occupational physician must have conducted at least one medical examination, carried out or arranged for an assessment of your job, reviewed the working conditions at the workplace—specifying the date the company profile was last updated—and consulted with the employer (Article R. 4624-42 of the Labor Code). These steps are not mere formalities: the Labor Code establishes them as conditions for a finding of unfitness. Furthermore, if the physician deems it necessary, he or she may conduct a second examination within fifteen days.

A finding of unfitness is not limited to the return-to-work examination. The Court of Cassation has confirmed that it may be determined following an examination that the occupational physician decided to schedule on his or her own initiative (Cass. soc., March 11, 2026, No. 24-21.030), or during a return-to-work examination properly scheduled by the employer while your contract is still suspended, even if you have submitted a request for an extension of your sick leave in the meantime (Cass. soc., Dec. 10, 2025, No. 24-15.511). It may also be issued following an examination that you requested during your sick leave. The pre-return-to-work examination, on the other hand, serves a different purpose and is not intended to result in a finding of unfitness for work.

These decisions must be read with a clear head. They confirm that the occupational physician has genuine discretion, which is important when an employee no longer dares to make any requests. But they apply both ways: the employer can also request an examination or schedule a return-to-work evaluation. The employer does not declare an employee unfit for work, but can pave the way for such a determination. Your protection, therefore, does not depend on controlling when the process is initiated. It depends on adherence to the procedure and your right to challenge the decision.

This is undoubtedly the least well-known point. The Labor Code requires the occupational physician to consult with you and your employer, specifically so that each party can voice their comments on the proposed opinion and recommendations. You can therefore ask the physician questions, explain your situation, and ask what a particular option would mean for you. Let’s be clear, however: you have the right to be heard, not the right to veto. Your consent is not a condition for the opinion to be valid.

You can also request an appointment with the occupational health physician on your own initiative, even while on sick leave. The Labor Code expressly provides that you may request such an appointment when you anticipate a risk of being deemed unfit for work, with the aim of taking steps to remain employed, and it adds that this request may not result in any disciplinary action (Article R. 4624-34 of the Labor Code). This consultation may result in a work adjustment, a return to work with restrictions, other recommendations, or, if the conditions are met, a determination of unfitness for work.

And if you disagree with the decision, you may challenge it before the labor court, which will rule on the merits under expedited proceedings. The deadline is short— fifteen days from the date of proper notification of the decision—and it must be included in the decision itself along with the procedures for appeal (Articles L. 4624-7 and R. 4624-45 of the Labor Code). The labor court’s decision then supersedes the contested decision.

Once this period has elapsed, the opinion becomes binding on both parties with regard to medical matters. This does not prevent you from later arguing before a judgeregarding the work-related nature of your disability, the employer’s compliance with its obligation to reassign you, or the validity of your termination. It is better to know this in advance than to find out afterward.