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FranceService Public

Long sick-leave pay cut from 3 years to 1 for non-exempt conditions

Long sick leave for non-fully-covered chronic conditions pays for 1 year instead of 3 from 15 October 2026; staff already off over 6 months keep the 3-year rule.

By Taxxa AI OyPublished 29 September 2026

Payroll & Labour

Two decrees published in the Journal officiel on 18 September 2026Service Public cut the maximum derogatory payment period for long sick leave from three years to oneService Public from 15 October 2026Service Public, for employees whose long-term condition (affection longue durée, ALD) is not fully covered by the Assurance maladie — a non-exempting ALDService Public. The first decree covers employees of the general scheme and the agricultural scheme as well as notaries' clerks and staffService Public Service Public; the second extends the same cut to self-employed workers, State civil servants and magistrates, and ministers of religionService Public.

The one-year cap catches leave prescribed from 15 October 2026Service Public and ongoing leave whose incapacity reaches six months after that dateService Public. A fresh one-year payment period for the same illness requires the employee to have returned to work for at least one yearService Public. Insured persons already off work for more than six months on 15 October 2026 keep the old rule and can be paid for up to three yearsService Public. The three-year maximum is unchanged for insured persons with an exempting ALDService Public — a condition opening 100% coverage by the Assurance maladie. A non-exempting ALD is an condition that justifies more than six months off work without costly treatmentService Public, with care reimbursed at the usual rates; the treating doctor or the fund's medical service can say which category applies.

Legally, the first decree rewrites articles R. 323-1, R. 323-3, R. 323-3-1 and R. 331-2 of the Code de la sécurité sociale plus article 72 of décret n° 90-1215 du 20 décembre 1990, and amends article R. 147-6 on penalties for abuse; the second rewrites articles D. 382-25-2, D. 382-25-3, D. 622-10 and D. 712-26. In each, the prior wording survives until the end of the three-year maximum for insured persons who on 15 October 2026 already held the article L. 324-1 procedure with participation neither limited nor removed under article L. 160-14.

Legal basis: Décret n° 2026-866 du 16 septembre 2026 relatif à la durée maximale dérogatoire d'indemnisation pour arrêt de travail et à la sanction des abusService Public; Décret n° 2026-867 du 16 septembre 2026 relatif à la réforme de la durée maximale dérogatoire d'indemnisation pour arrêt de travailService Public.

Check whether current or upcoming leave falls under a non-exempting ALD and, if so, plan the return to work or income bridge before the one-year limit.

Sources