Temporary sick leave: how to read your rights?

Updated March 30, 2026 - Interim sick leave is a frequent situation that raises specific questions: who pays, how much, and for how long? In 2026, more than 2.5 million temporary employment contracts are signed each quarter in France, and nearly 15% of them are interrupted due to illness. Understanding your rights avoids loss of income and payroll errors.

In the event of sick leave during a temporary assignment, the temporary employee is entitled to daily allowances from Social Security from the first day of absence, subject to minimum seniority. The temporary employment company (ETT) remains the legal employer and must be informed within 48 hours. No sanction or anticipatory termination can be pronounced solely because of the arrest.

To complete your reading, consult our articles Social, payroll and remuneration, Payroll outsourcing and Advantages and disadvantages of therapeutic part-time.

The particularity of temporary work is based on a triangular relationship. It is essential to clearly distinguish the roles:

• The temporary employment company (ETT): this is your legal employer. It is she who pays you, who declares your arrest to the CPAM and who processes any additional compensation.
• The user company: it defines your daily missions but is not your employer. It does not manage your sick leave or your remuneration.
• CPAM (Health Insurance): it pays daily allowances (IJSS) after receipt of part 3 of the work stoppage.

Hayot Expertise Advice: as soon as a sick leave occurs in the interim, it is necessary to reconstruct the precise chronology of the mission and transmissions. This is often where the correct reading of rights comes into play.

This distribution of rôles is confirmed by the Labor Code (articles L1251-1 et seq.) and regularly recalled by Service-Public.fr.

The procedure is similar to that of an employee on a permanent contract, but with additional actors to be aware of:

1. Consult your doctor who will establish a three-part work stoppage.
2. Send part 3 to your CPAM within 48 hours following the arrest (via your Ameli account or by mail).
3. Send parts 1 and 2 to your temp agency within the same 48 hour period.
4. Also inform the user company by email or telephone, so that they can reorganize the position.

Failure to comply with the 48-hour deadline may result in a deduction from daily allowances. In 2026, online déclaration via the Ameli account is the fastest and most reliable channel.

The level of compensation depends on several cumulative factors:

Daily allowances from Social Security (IJSS)#

They are calculated on the basis of the gross salary for the last three months (or the actual duration of the mission if it is shorter). The daily amount is equal to:

• 50% of the basic daily salary from the 4th day of sick leave for a non-occupational illness;
• 60% of the basic daily salary from the 1st day in the event of a work accident or occupational illness.

The basic daily salary is capped at the monthly Social Security ceiling (PMSS 2026: 3,924 euros).

Additional compensation#

Certain collective agreements for temporary work provide for additional rémunération. You must check:

• the collective agreement applicable to your ETT;
• your seniority in the agency (certain rights become available after 3 months of presence);
• the existence of insurance taken out by the agency.

In the absence of conventional supplement, the temporary worker only receives IJSS for the remaining duration of his mission.

What happens if the mission ends during downtime?#

This is the most frequently asked question. The answer depends on the reason for ending the mission:

• If the mission reaches its normal end (date provided for in the contract): sick leave does not automatically extend the contract. The IJSS continues to be paid by the CPAM as long as the judgment is valid.
• If sick leave occurs before the scheduled end: the temporary contract is suspended, not terminated. The ETT cannot dismiss an employee solely because of sick leave.
• End of mission compensation: it remains due if the mission has continued until its initial end, including in the event of suspension due to illness.

The list of documents to be transmitted is precise and its compliance conditions the payment of compensation:

• Part 3 of the work stoppage → CPAM (within 48 hours);
• Parts 1 and 2 of the work stoppage → Temporary employment company (within 48 hours);
• Extension certificates → Same circuit, each time the stop is extended;
• Resumption certificate → To be provided to the ETT and the user company before resuming the mission;
• Salary certificate → Completed by the ETT and sent to the CPAM for the calculation of IJSS.

A common mistake is forgetting to inform the user company. Even if she is not the employer, this information is necessary for the operational management of the position and avoids any misunderstanding about the employee's availability.

Yes. During the period of suspension of the contract due to sick leave, the ETT cannot terminate the employment contract, except:

• serious misconduct not linked to state of health;
• impossibility of maintaining the contract for reasons unrelated to illness (for example, permanent closure of the agency).

This protection is identical to that enjoyed by employees on permanent or fixed-term contracts, in accordance with the consistent case law of the Court of Cassation.

User companies and temporary employment agencies are regularly confronted with complex situations: prolonged stoppages, overlapping missions, calculation of conventional supplements, management of medical recoveries.

Our firm supports companies in bringing their HR and payroll processes into compliance in these situations. We check the treatment of absences, the consistency of pay slips and the good coordination between the différent actors.

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An interim sick leave is not a legal blind spot. It simply requires a more rigorous reading of rôles, parts and information circuits. By respecting the déclaration deadlines, clearly identifying your legal employer (the ETT) and verifying your rights to a conventional supplement, you avoid interruptions in income and payroll irregularities.

For companies, good management of these situations relies on effective coordination between the temporary employment agency, the user company and social organizations. A clear and documented process limits processing errors and disputes.

(Official sources: Ameli - Work stoppage due to employee illness, Public Service - Sick leave in the private sector, Public Service - Interim: contracts and employee rights)