How to Challenge a Medical Doctor’s Inaptitude Notice Within 15 Days

The occupational doctor has just issued a notice of inaptitude (inaptitude) and you disagree? Whether you are an employer or an employee, you have a specific recourse before the conseil de prud’hommes (labour tribunal) — but be careful, the deadline is only 15 days. After this period, the notice becomes final and binding on all parties, including the judge. Here’s how to effectively contest an inaptitude notice.

What is the Recourse Against an Inaptitude Notice from the Occupational Doctor?

The Labour Code provides a specific recourse before the conseil de prud’hommes to contest medical opinions from occupational health services that “are based on medical findings”: fitness notices, inaptitude notices, workplace adjustment proposals. This recourse allows the judge to assess the validity of the notice, possibly with the help of an expert doctor designated by the court.

This recourse is the only mechanism to challenge the medical qualification (fitness/inaptitude) and the scope of recommendations. No other recourse — particularly in the context of subsequent dismissal litigation — can contest the validity of the notice once the deadline has passed.

What is the Deadline for Contesting an Inaptitude Notice?

The deadline is 15 days from the receipt of the notice by the contesting party (not from the date issued by the doctor). This period has an absolute extinctive effect: after 15 days, the notice binds both parties and the tribunal judge. It is no longer possible to call into question:

• The validity of the notice.
• Its contents (including minor errors such as the job title).
• The doctor’s diligence (in compliance with article R. 4624-42).

The Court of Cassation has unambiguously confirmed: “after the fifteen-day deadline, the notice of the occupational doctor is binding on the parties and the judge” (Cass. soc., December 7, 2022, no. 21-23.662; October 25, 2023, no. 22-18.303).

How to Prove the Date of Receipt of the Notice?

The certain date of notification is crucial as it starts the countdown. Valid proof includes:

• The acknowledgment of receipt for a registered letter (LRAR).
• Hand delivery with a dated and signed acknowledgment.
• A reliable electronic acknowledgment with timestamp.

Caution: hand delivery without signature or acknowledgment does not initiate the timeline. The Court of Cassation has made this point very clear (Cass. soc., March 2, 2022, no. 20-21.715). Similarly, subsequent notifications (via simple email or a second letter) do not retroactively correct the lack of a certain date at the initial delivery (Cass. soc., December 4, 2024, no. 23-18.128).

Practical advice for employers: upon delivering the notice, have the recipient sign an acknowledgment document with the date and keep it safe. This document will serve as proof in the event of a dispute over the start date of the deadline.

Who Can Contest the Inaptitude Notice?

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

• Employees can contest if they believe the inaptitude is not justified or that the doctor’s recommendations are inappropriate.
• Employers can contest if they consider the notice too restrictive (e.g., if redeployment is unjustifiably refused) or that the imposed restrictions are disproportionate.

How to Initiate Proceedings Before the Conseil de Prud’hommes?

Proceedings are initiated before the conseil de prud’hommes, often in the form of interim relief (accelerated procedure). Here are the typical requests to be made:

1. Designation of an expert doctor to examine the employee and assess the validity of the notice.
2. Disclosure to the judge of the medical elements upon which the occupational doctor based their opinion (while respecting medical confidentiality).
3. Confirmation or annulment of the inaptitude notice.
4. If applicable, request a new medical examination.

Important point: the referral to the CPH is not suspensive. The employer must continue the process in parallel: seek redeployment, consult the CSE, and comply with the D+30 deadline for salary resumption.

What Strategy to Adopt During the Contestation?

Contesting the notice creates a dual track situation that the employer must manage diligently:

Track A: Judicial Recourse

• Submit the request within 15 days.
• Prepare medical and factual materials for the expert.
• Await the decision from the CPH.

Track B: Redeployment Procedure (in parallel)

• Continue redeployment efforts (unless validly exempted).
• Consult the CSE.
• Comply with the D+30 clock — salary resumption is still required even during the contestation (Cass. soc., January 10, 2024, no. 22-13.464).

The critical timing issue is the termination decision timing: if the appeal is likely to succeed, it may be prudent to delay the termination notice until after the CPH decision to avoid terminating based on a notice that could be overturned. Conversely, you will need to anticipate the cost of resuming the salary at D+30.

What Happens Depending on the Outcome of the Appeal?

The Notice is Confirmed

The procedure resumes its normal course: the employer continues (or concludes) redeployment efforts and, if necessary, proceeds with termination for inaptitude and inability to redeploy.

The Notice is Overturned

The situation changes dramatically: there is no longer inaptitude, and therefore no legal grounds for termination based on inaptitude. The employer must reinstate the employee in their position (potentially with adjustments) or, if a new examination is ordered, await its conclusions.

No Appeal Filed Within 15 Days

The notice becomes final and irrevocable. The employer then follows the standard procedure: redeployment → CSE → offers → decision (effective redeployment or termination).

What Errors in the Notice Can Be Contested?

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

• The inaptitude qualification itself.
• The scope of recommendations (restrictions, adjustments).
• The existence or absence of exemption from redeployment.
• Material errors in the notice (incorrect job title, questionable mentions).

Pitfall to avoid: material errors must necessarily be contested via the D+15 recourse. They cannot be invoked later in termination litigation (Cass. soc., October 25, 2023, no. 22-18.303). Do not let the deadline pass simply because you consider the error to be “minor”.

Operational Script: Contesting an Inaptitude Notice in 4 Steps

1. Timestamp: document both the issuance date AND the date of receipt of the notice (with supporting documents).
2. Decide within 10 days: “Shall we contest?” If yes, submit to CPH and prepare requests (expert, disclosure of elements, new examination).
3. Proceed in parallel: continue with redeployment and the CSE sequence, keeping a detailed log with evidence.
4. Synchronize: upon receiving the CPH decision, adjust the trajectory — if the notice is confirmed, continue; if overturned, recalibrate.

Documents to Keep for Securing the File

• Inaptitude notice (original version).
• Proof(s) of receipt (AR, acknowledgment, timestamp).
• Correspondence and emails exchanged with the occupational health service.
• CPH request and any orders.
• Expert report and conclusions from the expert doctor.
• Log of redeployment efforts.
• Minutes from the CSE.
• Redeployment offers and employee responses.
• Termination letter or redeployment documents.

FAQ — Contesting the Inaptitude Notice

Is the 15-Day Deadline Strict?

The deadline runs from the day of receipt of the notice. It is a 15-calendar-day deadline. The referral to the CPH must occur within this timeframe; otherwise, the notice becomes permanently binding.

Can We Contest the Notice After Termination?

No. If the 15 days have passed without contesting, the notice is final. The employee cannot challenge the notice in a subsequent termination dispute (Cass. soc., December 7, 2022, no. 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 redeployment searches and adhere to the D+30 deadline for salary resumption.

What If the Date of Receipt Cannot Be Proven?

If no certain date proof exists, the 15-day deadline does not run. Employers should prioritize securing this proof upon notification to avoid late disputes.

Do you wish to contest an inaptitude notice or secure your procedure? Contact DAIRIA’s lawyers for personalized support.

To learn more, check our complete guide on termination.

Employer Obligations Regarding Health and Safety at Work

Employers have a duty of care towards their employees, based on article L.4121-1 of the Labour Code. They must take necessary measures to ensure the safety and protect the physical and mental health of workers, including:

• Prevention actions for occupational risks and hardship.
• Information and training actions.
• Establishing a suitable organization and means.

These measures are based on the 9 general prevention principles defined in article L.4121-2: avoid risks, evaluate those that cannot be avoided, combat risks at the source, adapt work to the individual, consider the state of technological advancement, replace the dangerous, plan for prevention, prioritize collective protection measures, provide appropriate instructions.

The Document Unique d’Évaluation des Risques Professionnels (DUERP), required by article R.4121-1, is mandatory in every company from the first employee. It must be annually updated in companies with at least 11 employees and whenever a significant change affects working conditions.

The law n° 2021-1018 of August 2, 2021, reinforcing prevention in occupational health, has expanded obligations regarding the DUERP, notably requiring its retention for 40 years and digital deposit. Check our labour law page for more details.

Managing Inaptitude: Procedures and Obligations

An employee’s inaptitude, diagnosed by the occupational doctor according to the procedure stipulated in article L.4624-4 of the Labour Code, imposes an obligation of redeployment (article L.1226-2 for non-professional inaptitude, L.1226-10 for professional origin inaptitude).

The procedure unfolds as follows:

• The occupational doctor certifies the inaptitude after a medical examination and, if necessary, a study of the job and working conditions.
• The employer has a one-month deadline from the inaptitude notice to redeploy the employee or terminate them.
• The redeployment search must be fair and thorough, encompassing all available positions within the company and the group.
• The CSE must be consulted on the redeployment proposals (articles L.1226-2 and L.1226-10).
• If redeployment is unfeasible (or if the occupational doctor states that any job retention would seriously harm health), the employer may proceed with dismissal for inaptitude.

The Court of Cassation remarked in a ruling Cass. soc., November 22, 2023, no. 22-12.678 that the employer cannot merely invoke the absence of available positions without justifying the concrete efforts made for redeployment within the company and the group.

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