How to Contest a Medical Unfitness Opinion within 15 Days

The occupational physician has just issued an opinion of unfitness, and you do not agree? Whether you are an employer or an employee, there is a specific remedy available before the conseil de prud’hommes (industrial tribunal) — but be aware, the time limit is only 15 days. After this period, the opinion becomes final and binding on all parties, including the judge. Here’s how to effectively contest a medical unfitness opinion.

What Recourse is Available Against a Medical Unfitness Opinion?

The Labour Code provides for a specific recourse before the conseil de prud’hommes to contest medical opinions from the occupational health service that “rely on medical elements” such as opinions of fitness, opinions of unfitness, or proposals for job adaptations. This recourse allows the judge to assess the validity of the opinion, with the assistance of a designated expert physician, if necessary.

This recourse is the only mechanism to challenge the medical qualification (fitness/unfitness) and the scope of the recommendations. No other recourse — particularly in the context of future dismissal litigation — allows for the validity of the opinion to be contested once the deadline has expired.

What is the Deadline to Contest a Medical Unfitness Opinion?

The deadline is 15 days from the receipt of the opinion by the contesting party (not from the date of issue by the physician). This deadline has an absolute extinguishing effect: after 15 days, the opinion binds the parties and the tribunal judge. It is no longer possible to contest:

The validity of the opinion.
Its contents (including minor errors such as the job title).
The actions of the physician (compliance with Article R. 4624-42).

The Council of State has confirmed this unequivocally: “after the fifteen-day period, the opinion of the occupational physician is binding upon 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 Opinion?

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

An acknowledgment of receipt of a registered letter (LRAR).
A hand delivery with dated and signed acknowledgment.
A reliable electronic acknowledgment with time-stamping.

Caution: a hand delivery without signature or acknowledgment does not initiate the deadline. The Council of State has been very clear on this point (Cass. soc., March 2, 2022, No. 20-21.715). Similarly, a subsequent notification (via simple email or second letter) does not retroactively remedy the lack of a certain date at the time of the initial delivery (Cass. soc., December 4, 2024, No. 23-18.128).

Practical advice for employers: upon delivery of the opinion, obtain a signed acknowledgment with the date and keep it safe. This document will serve as proof in case of a dispute over the starting point of the deadline.

Who Can Contest the Medical Unfitness Opinion?

The recourse is open to both the employee and the employer, each for their own grievances:

The employee can contest if they believe the unfitness is not justified or that the physician’s recommendations are inappropriate.
The employer can contest if they believe the opinion is too restrictive (for instance, if a redeployment exemption is unjustifiably denied) or that the imposed restrictions are disproportionate.

How to File a Motion with the Conseil de Prud’hommes?

The filing occurs before the conseil de prud’hommes, often in the form of summary proceedings (accelerated procedure). The following standard requests should be made:

Appointment of an expert physician to examine the employee and assess the validity of the opinion.
Communication to the judge of the medical elements relied upon by the occupational physician (under medical confidentiality).
Confirmation or annulment of the medical unfitness opinion.
If necessary, request a new medical examination.

Important point: the filing with the CPH is not suspensive. The employer must continue the procedure in parallel: searching for redeployment, consulting the CSE (social and economic committee), and adhering to the D+30 deadline for the resumption of pay.

What Strategy to Adopt During the Contestation?

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

Track A: Judicial Recourse

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

Track B: Redeployment Procedure (in parallel)

Continue the search for redeployment (unless a valid exemption is obtained).
Consult the CSE.
Respect the D+30 clock — salary must be resumed even in the case of recourse (Cass. soc., January 10, 2024, No. 22-13.464).

The key question is the timing of the termination decision: if the recourse has good chances of success, it may be prudent to postpone the notification of termination until the decision of the CPH to avoid dismissing based on an opinion that could be overturned. Conversely, consideration must be given to the cost of resuming salary at D+30.

What Happens Depending on the Outcome of the Recourse?

The Opinion is Confirmed

The procedure resumes its normal course: the employer continues (or concludes) the search for redeployment and, if applicable, proceeds with termination for unfitness and impossibility of redeployment.

The Opinion is Annulled

The situation changes radically: there is no longer any unfitness, and thus no legal basis for termination due to unfitness. The employer must reinstate the employee in their position (potentially modified) or, if a new examination is ordered, await its conclusions.

No Recourse Filed Within 15 Days

The opinion becomes final and irrevocable. The employer will follow the standard procedure: redeployment → CSE → offers → decision (effective redeployment or termination).

What Errors in the Opinion Can Be Contested?

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

The unfitness qualification itself.
The scope of the recommendations (restrictions, adaptations).
The existence or absence of redeployment exemption.
Any material errors in the opinion (incorrect job title, questionable statements).

Trap to Avoid: material errors must necessarily be contested through the D+15 recourse. They cannot be invoked in subsequent dismissal litigation (Cass. soc., October 25, 2023, No. 22-18.303). Do not let the deadline pass thinking the error is “minor”.

Operational Script: Contesting a Medical Unfitness Opinion in 4 Steps

Timestamp: document both the issue date AND the receipt date of the opinion (with supporting documents).
Decide within 10 days: “Are we contesting?” If yes, file with the CPH and prepare the requests (expert opinion, communication of elements, new examination).
Proceed in parallel: continue the redeployment search and CSE sequence, maintaining a log of evidence.
Synchronize: upon the decision of the CPH, review the trajectory — if the opinion is confirmed, continue; if annulled, recalibrate.

Documents to Keep to Secure the File

Unfitness opinion (original version).
Proof(s) of receipt (AR, acknowledgment, time-stamping).
Correspondence and emails exchanged with the occupational health service.
CPH motion and any instructions.
Expert report and conclusions of the expert physician.
Log of the redeployment search.
Minutes of the CSE.
Redeployment offers and employee responses.
Termination letter or redeployment actions.

FAQ — Contesting a Medical Unfitness Opinion

Is the 15-Day Deadline Final?

The deadline starts from the day of receipt of the opinion. It is a 15-calendar-day deadline. The CPH filing must occur within this time frame; otherwise, the opinion is definitively imposed.

Can We Contest the Opinion After Termination?

No. If 15 days have passed without recourse, the opinion is final. The employee cannot challenge the opinion in the context of any subsequent dismissal litigation (Cass. soc., December 7, 2022, No. 21-23.662).

Must the Employer Continue the Procedure During the Contestation?

Yes. The CPH filing is not suspensive. The employer must continue the redeployment search and meet the D+30 deadline for resuming salary.

What if the Date of Receipt is Not Proven?

If there is no proof of a certain date, the 15-day deadline does not start. The employer has every interest in securing this proof upon notification to prevent a late contestation.

Are you looking to contest a medical unfitness opinion or secure your process? Contact DAIRIA’s lawyers for personalized support.

For more information, check our comprehensive dismissal guide.

Employer Obligations Regarding Health and Safety at Work

The employer has an obligation of safety towards 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:

Actions to prevent professional risks and hardship
Information and training actions
Setting up an organization and appropriate means

These measures are based on the 9 general principles of prevention defined in Article L.4121-2: avoiding risks, assessing those that cannot be avoided, combating risks at the source, adapting work to the person, considering the state of technological evolution, replacing what is dangerous, planning for prevention, prioritizing collective protective measures, giving appropriate instructions.

The Document Unique d’Évaluation des Risques Professionnels (DUERP), mandated by Article R.4121-1, is mandatory for every business from the first employee. It must be updated at least annually in companies with at least 11 employees and whenever significant changes occur affecting work conditions.

Law No. 2021-1018 of August 2, 2021, strengthening health at work prevention has expanded obligations regarding DUERP, notably imposing its retention for 40 years and electronic filing. Check our Labour Law page for more details.

Management of Unfitness: Procedures and Obligations

Employee unfitness, recognized by the occupational physician in accordance with the procedure set out in Article L.4624-4 of the Labour Code, imposes on the employer an obligation of redeployment (Article L.1226-2 for non-professional unfitness, L.1226-10 for professional origin unfitness).

The procedure unfolds as follows:

The occupational physician notes the unfitness after a medical examination and, if necessary, a job study and working conditions assessment.
The employer has a one-month period from the unfitness opinion to redeploy the employee or terminate their contract.
The redeployment search must be fair and serious, covering 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 impossible (or if the occupational physician indicates that any maintenance in employment would seriously jeopardize health), the employer can proceed to termination for unfitness.

The Court of Cassation has reminded employers in a ruling that they cannot simply cite the absence of available positions without justifying the concrete redeployment efforts made within the company and group.

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