A decree published on 12 June 2026 caps, from 1st September onwards, the duration of prescribed and extended sick leave in France. In practical terms, an initial prescription can no longer exceed 31 days, and each extension will be limited to 62 days, barring medical justification. For the hotel and catering sector, long confronted with high absenteeism in physically demanding roles, this reform reshuffles the deck for HR management without necessarily simplifying the balancing act involved.
An unprecedented regulatory framework for sick leave
Until now, no legal ceiling governed the length of sick leave. The decree of 12 June 2026 creates Article R.162-1-7-1 of the Social Security Code, which for the first time sets a numerical limit on both initial prescriptions and extensions, provided they are issued from 1st September 2026 onwards.
The healthcare professionals covered by this new rule are doctors, midwives and dental surgeons. This cap does not, however, apply to Mayotte, which remains subject to a separate regime.
Old regime vs new regime: what the 12 June 2026 decree caps
| Element | Before 1st September 2026 | From 1st September 2026 |
|---|---|---|
| Duration of an initial prescription | No legal cap; duration set freely by the prescriber | 31 days maximum |
| Duration of an extension | No legal cap | 62 days maximum per extension (cap not cumulative with the initial prescription) |
| Professionals concerned | Doctors, midwives, dental surgeons | Doctors, midwives, dental surgeons |
| Exceeding the cap | Not applicable | Possible if the prescriber justifies the medical necessity, taking into account, where they exist, the recommendations of the Haute Autorité de Santé |
| Route for extension | Not applicable | Initial prescribing doctor, treating doctor, midwife, dental surgeon, or telemedicine under strict conditions (Article L.6316-1 of the Public Health Code) |
| Territorial scope | Not applicable | Does not apply to Mayotte |
| Overall Social Security compensation cap | 360 days of daily allowances over 3 years (standard-law sick leave) | Unchanged; this overall cap continues to apply alongside the new prescription rules |
An extension remains possible, under strict conditions
The text does not rule out longer periods of leave where an employee’s state of health warrants it. The healthcare professional may extend the leave beyond the capped duration, provided they take into account, where they exist, the recommendations established by the Haute Autorité de Santé.
This extension may be granted by the doctor who prescribed the initial leave, by the treating doctor, by a midwife or by a dental surgeon. Employees may also seek this extension via telemedicine, teleconsultation or telemonitoring, but only within the strict conditions set out in Article L.6316-1 of the Public Health Code.
Reminder: supplementary compensation under the HCR collective bargaining agreement
- Salary continuation by the employer, provided for under Article 29.2 of the national collective bargaining agreement for hotels, cafés and restaurants of 30 April 1997, is not altered by the 12 June 2026 decree: the two mechanisms are cumulative and do not overlap.
- This supplementary payment is available after 3 years’ seniority, subject to a medical certificate being submitted to the employer within 48 hours.
- It applies from the 1st day in the case of a workplace accident, and from the 11th day for illness or commuting accidents.
- Its duration varies by seniority: from 30 days at 90% of gross salary followed by 30 days at 66.66% for an employee with 3 to 8 years’ seniority, up to 90 days at each rate beyond 33 years’ seniority.
- These durations increase by 10 days for each full additional 5-year period of seniority, with each tier capped at 90 days.
A hotel industry particularly exposed to absenteeism
Hospitality is among the sectors where sick leave raises particularly acute concerns. Housekeeping, kitchen and floor-service roles combine physical strain, irregular hours and high staff turnover — factors traditionally associated with above-average absenteeism. La Tribune de l’Hôtellerie had already flagged this reform among the key social measures in the 2026 Social Security Financing Act, alongside other provisions that hotel HR departments should keep an eye on.
This is not the first time regulations affecting hotel employers have shifted significantly within a short space of time. An earlier regulatory update, published to coincide with the changes of 1 July 2025, had already highlighted the need for hotel HR directors to anticipate legislation touching simultaneously on heatwaves, apprenticeships and sick leave.
Expected effects and areas of vigilance for HR directors
In theory, the cap could make it easier to anticipate long-term absences and plan staff replacement — a constant operational challenge in a sector where every vacant position weighs directly on service quality. But the measure also raises implementation questions for practitioners and employers alike: leave deemed necessary beyond the cap requires an explicit extension process, with a risk of more frequent renewals for HR departments to manage administratively.
The issue of sick leave being used as a tool in managerial disputes, already documented by industry professionals, calls for caution regarding the cap’s real effects on company practices. An opinion piece published by La Tribune de l’Hôtellerie recently warned of possible abuses of the legal framework surrounding sick leave in hospitality, amid instrumentalisation and HR management under strain.
This reform of sick leave provisions is also part of a broader trend towards tightening the social security regime governing absences.
From 1st January 2027, daily allowances paid for workplace accidents and occupational illnesses will also be time-limited, ending the principle of unlimited compensation that had prevailed until now. Hotel employers therefore have every interest in closely monitoring how these two texts interact when managing long-term absences.
🔗 Read more on LTH – Social 2026: key social measures in force and/or expected
