Book II: Employment contracts

The additional compensation provided for in article L. 1226-1 is calculated as follows: 1° For the first thirty days, 90% of the gross remuneration that the employee would have received if he had continued to work; 2° For the following thirty days, two thirds of this same remuneration.

The periods of compensation are increased by ten days for each full period of five years of seniority in addition to the period of one year required by Article L. 1226-1, without each of them exceeding ninety days.

For each period of absence from work, the compensation periods run from the first day of absence if the absence is due to an accident at work or an occupational disease, excluding commuting accidents. However, in all other cases, the compensation period runs for more than seven days of absence.

When calculating the indemnities due in respect of a pay period, account is taken of the indemnities already received by the person concerned during the previous twelve months, so that if several absences due to illness or accident have been compensated during these twelve months, the total period of compensation does not exceed that applicable in application of articles D. 1226-1 and D. 1226-2.

Allowances received by the employee from social security and supplementary provident schemes are deducted from the additional compensation, but in the latter case only the portion of benefits resulting from payments by the employer is deducted.

When social security benefits are reduced, in particular as a result of hospitalisation or a sanction by the fund for non-compliance with its internal regulations, they are deemed to have been paid in full for the purpose of calculating the supplementary benefit.