In our field, that of home care, we know that the human connection is the cornerstone of our profession. Every day, you enter the privacy of families to support people weakened by age, illness, or disability. You are much more than a helper; you are a guide, a reassuring presence, an indispensable support. But what happens when this pillar fails? A cold, a flu, an injury, or burnout can force you to stop. Sick leave, although necessary and legitimate, is often a source of concern: for you, regarding your rights and income, but also for the person you support, who suddenly finds themselves without their usual help.
Navigating the administrative intricacies of sick leave while ensuring continuity of care can resemble an obstacle course. This is why we want, through this article, to clarify your rights and obligations, as well as those of your employer, whether it is an agency or an individual. We will also address the delicate question of replacement, as ensuring a smooth transition is essential for everyone's well-being.
When illness strikes you, it is essential to know your rights to approach this period with peace of mind. Far from being a favor, sick leave is a fundamental right for all employees, including those in the home care sector. It protects you both financially and in terms of your employment contract.
The right to sick leave
As an employee, whether employed by a structure (association, company) or directly by an individual employer (via CESU, for example), you have the right to stop working if your state of health does not allow you to. This right is inalienable and cannot be refused. It is formalized by a work stoppage notice issued by a doctor, who is the only one authorized to judge your incapacity to perform your duties. This leave is intended to allow you to rest, receive care, and recover to return in the best possible conditions.
Compensation: who pays and how?
The main concern during sick leave is often financial. Rest assured, a compensation system is in place to make up for the loss of salary. This compensation generally consists of two parts:
- Social Security Daily Allowances: After a three-day waiting period, Health Insurance pays you daily allowances. Their amount corresponds to 50% of your basic daily salary, calculated based on the average of your gross salaries over the last three months. To qualify, you must meet a minimum number of hours worked or a certain contribution amount. Detailed information can be found on the Health Insurance website (Ameli.fr).
- The employer's supplement: In addition to the daily allowances, your employer (agency or individual) must, under certain seniority conditions (generally one year), pay you a salary supplement. This obligation, provided by law and often improved by the national collective agreement for the home care sector, helps maintain a significant part of your salary (often 90%, then 66%). This payment occurs after a seven-day waiting period.
It is therefore crucial to refer to your employment contract and the applicable collective agreement to know precisely the terms of your salary maintenance.
Employment protection
During your sick leave, your employment contract is suspended, but it is not terminated. This means you are still part of the company's workforce or are still the employee of the individual. It is strictly forbidden to dismiss you because of your health condition. A dismissal could only be considered if your prolonged and repeated absence significantly disrupted the service and made your permanent replacement necessary. However, this procedure is highly regulated and must be well justified. Upon your return, you must find your position or an equivalent position with at least the same salary.
The obligations of home care in case of work stoppage
If you have rights, you also have duties to fulfill for your sick leave to proceed according to the rules. These obligations are simple but essential to ensure good communication with your employer and allow for the organization of your replacement.
Inform the employer in a timely manner
The first thing to do, even before sending the justification, is to notify your employer of your absence as soon as possible. The law grants you a 48-hour period to do so, but in our field where every visit is awaited, a call or message as soon as possible is a mark of professionalism and respect towards the person being helped. This quick notification allows the employer (the agency or the family) to immediately start looking for a replacement solution and prevents the person being helped from being left alone and without assistance.
Justify your absence: sending the work stoppage notice
Your absence must be officially justified by the work stoppage notice issued by your doctor. This document consists of three parts:
- Part 1 and 2: They are to be sent to your Primary Health Insurance Fund (CPAM) within 48 hours. This will trigger the payment of your daily allowances.
- Part 3: It is intended for your employer and must also be transmitted to them within 48 hours. This part does not mention the medical reason for your leave, thus preserving medical confidentiality.
Failure to meet these deadlines may result in a reduction or suspension of your allowances. For more information on the specific procedures, you can consult the dedicated page on the Service-Public.fr website.
Respect authorized outing hours
Unless your doctor has checked the "free outings" box for specific medical reasons, you are required to stay at home outside authorized outing hours, usually 9 a.m. to 11 a.m. and 2 p.m. to 4 p.m. Controls may be performed by Health Insurance at your home. Failure to comply with this obligation may result in the suspension of your allowances. This measure is intended to ensure that the work stoppage is properly used for rest and care.
The crucial question of replacement: how to ensure continuity of care?
Your absence, however justified it may be, creates a void. For the person you support, often dependent and accustomed to your routines, the arrival of a replacement can be a source of stress. Ensuring continuity of care is a real challenge that mainly rests with the employer. It's a bit like passing the baton in a race: the gesture must be prepared and smooth to avoid tripping the runner.
The role of the agency or employer
If you are employed by a structure (company or association), it is their responsibility to find and appoint a replacement. Agencies generally have a pool of interveners ready to handle emergency replacements. Their role is to find the person most apt to take over, considering the required skills and, if possible, the personality of the person being helped. A good agency will ensure clear information transmission: care plan, life habits, special instructions, etc.
The specific case of direct employment
When you are employed directly by an individual, the situation is more complex. The family becomes the employer and must find a solution themselves. They can turn to an agency occasionally, call on another home care helper from their network, or, in an emergency, a family member may have to step in. This is often a very stressful situation for families, who must juggle their own obligations and the need to ensure presence for their loved one.
How to prepare the transition for the person being helped?
Even when ill, if your condition allows it, a simple message or a brief phone call (passed on by the agency or the family) to the person you help can make all the difference. Simply knowing that you think of them and that your absence is temporary is extremely reassuring. For the replacement, having a well-maintained liaison notebook is invaluable. This notebook, where habits, treatments, important contacts, and small preferences are noted, is the guiding thread that guarantees quality and personalized care, even in your absence.
Our commitment to better support: training and tools
We are convinced that the quality of care relies on competence, but also on the ability to create an authentic connection. A work stoppage is a break in this connection. To minimize the impact of this break and best equip our home caregivers, whether full-time or replacements, we focus on continuous training and the development of innovative tools.
Training suited to field realities
Caring for a person with cognitive disorders, such as Alzheimer's disease, requires specific skills that go well beyond hygiene care. It's about knowing how to communicate, stimulate, appease. This is why we have implemented our training session to learn how to care for Alzheimer's patients. This training is not just theory; it provides practical techniques for managing difficult situations, stimulating memory, and above all, creating and maintaining an emotional connection despite the disease. We believe that each interaction is an opportunity for stimulation. It is this philosophy that we convey in our training, such as the one detailed here: Stimulate and create a connection with Dynseo games.
EDITH: more than a game, a relational bridge
Derived from this approach, we have developed concrete tools. One of them is EDITH, our memory games program for seniors on tablet. Far from being a simple technological gadget, EDITH is designed as a bridge between you and the person being helped. By playing cultural games, quizzes, or adapted logic exercises together, you not only stimulate their cognitive functions. You share a moment of complicity, laughter, and exchange. It's a pretext to bring out memories, to talk, to create a richer and more humane relationship. For a replacement, EDITH becomes a formidable icebreaker tool, allowing contact in a playful and non-intrusive way.
MON DICO: restoring speech and autonomy
Cognitive disorders or the aftermath of a stroke can sometimes deprive seniors of the ability to express their most basic needs. This frustration is a source of immense suffering for them and a source of distress for the caregiver who feels powerless. It is to meet this fundamental need that we created MON DICO. This simple application allows seniors with speech difficulties to communicate their needs (I'm thirsty, I'm cold, I want to get up...) thanks to clear pictograms. By giving back speech, MON DICO restores dignity and autonomy. It reduces anxiety and greatly facilitates the work of the home caregiver, who can thus respond accurately and quickly to the person's expectations.
Preventing burnout and work stoppages: a shared responsibility
While managing sick leaves is a necessity, our main goal is to prevent them, particularly when they are related to burnout. The profession of home caregiver is physically and emotionally demanding. Preventing burnout is a responsibility that must be shared between you and your employer.
Recognizing signs of burnout
Professional burnout does not happen overnight. It is a battery that drains slowly, without being noticed. It is essential to learn to recognize the warning signs:
- Persistent fatigue that rest no longer alleviates.
- A feeling of emotional detachment, cynicism about your work.
- Irritability, sleep or appetite disorders.
- The feeling of no longer being up to the task, losing effectiveness.
Recognizing these signs is not an admission of weakness, but an act of lucidity to protect yourself. Resources exist to inform you about professional risks, notably on the National Institute for Research and Safety (INRS) website.
The importance of dialogue and support
Do not face your difficulties alone. Your employer has a role to play. Whether it's through support groups, regular meetings with a coordinator, or simply a listening ear, dialogue is fundamental. Expressing your difficulties, talking about situations that weigh on you, asking for help or additional training are healthy and necessary steps. A responsible employer must know how to hear these alerts and propose solutions: schedule adjustments, psychological support, stress management training...
The right to disconnect and rest
Your work stops when you close the door. It is vital to preserve your personal life and rest periods. The right to disconnect also means not responding to calls or messages from the employer outside your working hours, except in proven emergencies. Your days off and holidays are indispensable for recharging your physical and emotional batteries. Respecting and enforcing them is an investment in your health and the long-term quality of your support.
In conclusion, sick leave in the home care sector is a complex reality that touches on labor law, care organization, and the human dimension of your profession. Knowing your rights and duties is the first step to experiencing this period peacefully. But beyond the legal aspects, we firmly believe that prevention, training, and using tools that promote connection are the keys to quality, sustainable, and fulfilling support for everyone.
In the context of sick leave and home caregiver replacement, it is essential to understand the importance of the well-being of the elderly, especially those residing in nursing homes. A relevant article on this subject is The role of memories in the well-being of the elderly in nursing homes. This article explores how memories can positively influence the well-being of the elderly, a crucial aspect to consider for home caregivers who often have to juggle their professional obligations and the emotional support they provide to the elderly.
