Toulon ports top up sick pay to net wage from day one

The Société Ports de Toulon – La Seyne signed an accord d'établissement with FOLegifrance on the management of absences for sickness, maternity, paternity, commuting and work accidents, and occupational disease. It applies to all employees covered by the CCNU, cadres and non-cadres, enters into force the day after filing formalities for an indefinite period, and expressly prevails over the 17 December 2015 branch avenant on the garantie de ressource and over any future branch stipulation on the same subject.

For sickness and maternity or paternity leave, the employer tops up the statutory daily allowances (indemnités journalières) to the monthly net wage from the first day of justified absenceLegifrance, minus the employee share of related social contributions — capped so no beneficiary receives more net than if they had kept working. For sickness, up to 3 carence days apply from the third work stoppage within a rolling year, counted date to date (a 24–27 April absence looks back to 28 April of the prior year). Operations staff absent more than one consecutive month also receive, during sick leave, the average overtime and premiums of the 3 months before the stoppageLegifrance, for up to 60 days — or for the whole absence for maternity or paternity leave. The top-up stops once the employee totals 90 discontinuous calendar days of sickness interruption over 12 consecutive months.

For work accidents, commuting accidents, occupational disease and relapses, and for an affection de longue durée (ALD) recognised by the Sécurité sociale, the employer tops up the daily allowances to the monthly net wage for the whole incapacity period from the first justified day, again minus the employee contribution share and capped at the worked wage. Operations staff get more: victims of work or commuting accidents and occupational disease receive their pay plus the overtime and premiums of the month before the stoppage for the entire incapacity; ALD sufferers receive pay plus the overtime and premiums of the 3 months before the stoppage for the entire incapacity.

To qualify, the employee must notify the employer by any means as soon as absent and send proof within 48 hours of the stoppage (postmark governs), except in exceptional cases; where a third party is involved, the employee must supply the information for the employer's recourse claim. The top-up is conditional on Sécurité sociale recognition of the stoppage and payment of the daily allowances — and, beyond 90 days' stoppage, on payment of daily benefits by the prévoyance body. One unjustified one-day absence for passing indisposition may exceptionally be regularised as paid leave, recovery time or RTT with hierarchy approval; unpaid leave applies from the third unjustified absence. A joint monitoring commission (one CSE member, one management representative) meets once a year at year-end; revision follows the signatories with 30 days to meet (or two months after a legislative or contractual change), and denunciation carries a 3-month notice under article L.2232-23-1 du Code du travail, with the accord surviving up to one year absent a replacement.

Legal basis: the accord d'établissement relatif à la gestion des absences liées à la maladie, maternité, paternité, accidents du travail ou de trajet et maladies professionnelles of the Société Ports de Toulon – La Seyne, signed with FO, applying article L.2232-23-1 and articles R.2231-1 to R.2231-9 du Code du travail for denunciation and filing.