How to Challenge a Doctor’s Fitness for Work Assessment Within 15 Days

The occupational physician has just issued an unfitness assessment and you disagree? Whether you are an employer or an employee, you have a specific recourse before the conseil de prud’hommes (labour court) — but beware, the deadline is only 15 days. After this period, the assessment becomes definitive and binds all parties, including the judge. Here’s how to effectively contest an unfitness assessment.

What is the Recourse Against a Doctor’s Fitness for Work Assessment?

The Labour Code provides for a specific recourse before the conseil de prud’hommes to contest medical opinions from the occupational health service that are “based on medical data”: fitness assessments, unfitness assessments, and workplace adjustment proposals. This recourse allows the judge to evaluate the validity of the assessment, with the help of a medical expert appointed by the court if necessary.

This recourse is the only mechanism available to challenge the medical qualifications (fitness/unfitness) and the extent of recommendations. No other recourse — especially within the context of subsequent dismissal litigation — can contest the validity of the assessment once the deadline has passed.

What is the Deadline for Contesting an Unfitness Assessment?

The deadline is 15 days from receipt of the assessment by the party challenging it (not from the date of issue by the doctor). This deadline has an absolute extinguishing effect: after 15 days, the assessment binds the parties and the labour court judge. It is no longer possible to contest:

The validity of the assessment.
Its details (including minor errors like job title).
The diligence of the physician (compliance with Article R. 4624-42).

The Court of Cassation has confirmed this unambiguously: “after the fifteen-day deadline, the opinion of the occupational physician is binding on the parties and the judge” (Cass. soc., 7 December 2022, n° 21-23.662; 25 October 2023, n° 22-18.303).

How to Prove the Date of Receipt of the Assessment?

The certain date of notification is crucial as it triggers the deadline. Valid proof includes:

An acknowledgment of receipt of a registered letter (LRAR).
A hand delivery with signed acknowledgment dated.
A reliable electronic receipt with timestamp.

Caution: Hand delivery without signature or acknowledgment does not commence the deadline. The Court of Cassation has made this very clear (Cass. soc., 2 March 2022, n° 20-21.715). Similarly, a subsequent notification (via simple email or second letter) does not retroactively regularise the lack of a certain date upon the first delivery (Cass. soc., 4 December 2024, n° 23-18.128).

Practical advice for employers: As soon as the assessment is delivered, have a dated acknowledgment document signed and keep it safely. This document will serve as proof in case of dispute over when the deadline starts.

Who Can Contest the Unfitness Assessment?

The recourse is open to both employees and employers, each for their respective grievances:

The employee may contest if they believe the unfitness is unjustified or that the physician’s recommendations are inappropriate.
The employer may contest if they consider the assessment is overly restrictive (e.g., a lack of adjustment considerations that are justified) or that the imposed restrictions are disproportionate.

How to Approach the Conseil de Prud’hommes?

The application is made to the conseil de prud’hommes, often in the form of emergency procedures (accelerated procedure). Typical requests to formulate include:

Appointment of a medical expert to examine the employee and assess the validity of the opinion.
Communication to the judge of the medical elements on which the occupational physician relied (subject to medical confidentiality).
Confirmation or dismissal of the unfitness assessment.
If applicable, request for a new medical examination.

Important point: The referral to the CPH is not suspensive. The employer must continue the procedure in parallel: search for readjustment, consult the CSE (Social and Economic Committee), and observe the D+30 period for salary resumption.

What Strategy to Adopt During the Contestation?

Contesting the assessment creates a dual track situation that the employer must manage rigorously:

Track A: Judicial Recourse

File the application within 15 days.
Prepare the medical and factual elements for the expert.
Await the decision from the CPH.

Track B: Readjustment Procedure (in parallel)

Continue the search for readjustment (unless there is a valid exemption).
Consult the CSE.
Comply with the D+30 timeline — salary resumption is due even in the case of a recourse (Cass. soc., 10 January 2024, n° 22-13.464).

The key question is the timing of the dismissal decision: if the recourse is likely to be successful, it may be prudent to defer the notification of termination until the decision of the CPH, to avoid dismissing based on an opinion that may be overturned. Conversely, this requires anticipating the cost of salary resumption at D+30.

What Happens Depending on the Outcome of the Recourse?

The Opinion is Confirmed

The procedure continues normally: the employer continues (or concludes) the search for readjustment and, if necessary, proceeds with the dismissal for unfitness and impossibility of readjustment.

The Opinion is Overturned

The situation changes radically: there is no longer unfitness, and hence no legal basis for dismissal on grounds of unfitness. The employer must reintegrate the employee into their position (possibly adjusted) or, if a new examination is ordered, wait for its conclusions.

No Recourse Filed Within 15 Days

The opinion becomes definitive and irrevocable. The employer follows the standard procedure: readjustment → CSE → offers → decision (actual readjustment or dismissal).

What Errors in the Opinion Can Be Contested?

The D+15 recourse covers all medical aspects of the opinion, including:

The classification of unfitness itself.
The extent of recommendations (restrictions, adjustments).
The existence or absence of adjustment exemption.
Any material errors in the opinion (incorrect job title, questionable details).

Pitfall to Avoid: Material errors must be contested via the D+15 recourse. They cannot be invoked in subsequent dismissal litigation (Cass. soc., 25 October 2023, n° 22-18.303). Do not let the deadline pass thinking that the error is “minor.”

Operational Script: Challenging an Unfitness Assessment in 4 Steps

Timestamp: document the date of issue AND the date of receipt of the opinion (with supporting documents).
Decide within 10 days: “Do we contest?” If yes, refer to the CPH and prepare the requests (expert, communication of elements, new examination).
Carry On in Parallel: continue the readjustment and CSE process, keeping a log with evidence.
Synchronise: once the CPH decision is reached, review the trajectory — if the opinion is confirmed, continue; if overturned, recalibrate.

Documents to Keep to Secure the File

Unfitness assessment (original version).
Proof(s) of receipt (AR, acknowledgment, timestamp).
Correspondence and emails exchanged with the occupational health service.
CPH application and any order.
Expert report and conclusions from the medical expert.
Log of readjustment efforts.
CSE minutes.
Readjustment offers and employee responses.
Termination letter or readjustment acts.

FAQ — Contesting the Unfitness Assessment

Is the 15-Day Deadline a Strict Deadline?

The deadline starts from the day of receipt of the assessment. It is a 15-calendar day period. The application to the CPH must occur within this timeframe; otherwise, the opinion becomes definitive.

Can the Opinion Be Contested After a Termination?

No. If the 15 days have elapsed without recourse, the opinion is definitive. The employee cannot contest the opinion within subsequent termination litigation (Cass. soc., 7 December 2022, n° 21-23.662).

Must the Employer Continue the Procedure During the Contestation?

Yes. The referral to the CPH is not suspensive. The employer must continue the readjustment efforts and adhere to the D+30 deadline for salary resumption.

What to Do If the Date of Receipt Cannot Be Proven?

If no evidence of a certain date exists, the 15-day deadline does not commence. The employer has every interest in securing this proof upon notification to avoid a late contestation.

Do you wish to contest an unfitness assessment or secure your procedure? Contact DAIRIA’s lawyers for personalised support.

For further reading, consult our complete dismissal guide.

Employer Obligations in Terms of Health and Safety at Work

Employers have an obligation of security towards their employees, based on Article L.4121-1 of the Labour Code. They must take necessary measures to ensure safety and protect the physical and mental health of workers, which includes:

Actions for the prevention of occupational risks and discomfort.
Actions for information and training.
Implementation of an organisational structure and suitable means.

These measures are based on the 9 general principles of prevention defined in Article L.4121-2: avoiding risks, evaluating those that cannot be avoided, combating risks at their source, adapting work to the individual, considering the state of evolution of technology, replacing what is dangerous, planning prevention, prioritising collective protection measures, providing appropriate instructions.

The Document Unique d’Évaluation des Risques Professionnels (DUERP), provided for in Article R.4121-1, is mandatory in every business from the first employee. It must be updated at least annually in businesses with at least 11 employees and upon any significant change altering working conditions.

Law n° 2021-1018 of 2 August 2021 enhancing health prevention at work has expanded the obligations regarding DUERP, notably imposing its retention for 40 years and its digital filing. Consult our labour law page for more details.

Managing Unfitness: Procedures and Obligations

The unfitness of an employee, determined by the occupational physician according to the procedure outlined in Article L.4624-4 of the Labour Code, imposes on the employer an obligation of readjustment (Article L.1226-2 for non-professional unfitness, L.1226-10 for professional origin unfitness).

The procedure unfolds as follows:

The occupational physician determines unfitness after a medical examination and, if necessary, a job and working conditions analysis.
The employer has a one-month deadline from the unfitness assessment to either readjust the employee or terminate their employment.
The search for readjustment must be fair and serious, covering all available positions within the company and the group.
The CSE must be consulted on the readjustment proposals (Articles L.1226-2 and L.1226-10).
If readjustment is impossible (or if the occupational physician indicates that maintaining any job would cause serious harm to health), the employer may proceed with termination for unfitness.

The Court of Cassation reiterated in a ruling Cass. soc., 22 November 2023, n° 22-12.678 that an employer cannot merely cite the absence of available positions without justifying concrete steps taken towards readjustment within the company and the group.

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How to Challenge a Doctor's Fitness for Work Assessment Within 15 Days