Sick leave: 5 keys to a calm and compassionate annual review

In this article, we’ll walk you through best HR practices, legal considerations, and practical tools to help turn a potentially delicate moment into an opportunity to re-engage the employee. Far from being just a routine check-in, the annual review—if approached with intelligence and empathy—can be a powerful tool.

Why the annual review after sick leave deserves special attention

Poorly handled, the annual review can become a source of stress or misunderstanding for an employee already in a vulnerable state. Done well, it helps rebuild the relationship, clarify expectations, and lay the groundwork for a smooth and confident return to work. To do this, it’s crucial to understand both the employee’s rights and the employer’s legal obligations.

• Ensure legal compliance: There is no legal requirement to conduct annual reviews, but they may be part of company policy or collective agreements.
• Respect your employee’s pace: Never impose a review during a period of sick leave.
• Rebuild engagement: A well-prepared, supportive conversation can pave the way for a successful return.

Legal framework and best HR practices to know

The law does not mandate the annual review

Unlike the mandatory professional development review (every two years under Article L.6315-1 of the French Labor Code), the annual performance review is at the employer’s discretion. It’s typically intended to assess individual objectives and achievements.

That said, this flexibility must not lead to careless practices—especially when a worker is absent due to illness:

• Contract suspension: Sick leave suspends the employment contract. No professional request, including annual reviews, can be imposed.
• Freedom to decline: The employee may freely refuse an invitation to any review during their leave without having to justify their choice.
• Reach out with sensitivity: If HR contacts the employee, it must be done with extreme care, keeping the individual’s well-being top of mind.

The right HR posture: balancing empathy and structure

Being compassionate doesn’t mean being disorganized—it’s essential to establish clear processes, such as:

Before the return to work: Stay in touch if the employee wishes—light, human contact without pressure, just to show support.

After the return: Give your employee the time they need. Don’t rush the annual review; allow them several weeks to readjust.

Adjust expectations: During the review, take into account their absence. 

What are the benefits for both the company and the employee?

A smoother, more positive return

Tailoring the annual review to the context of sick leave strengthens the return process by:

• Rebuilding the working relationship: Open dialogue re-establishes trust and encourages collaboration.
• Identifying early warning signs: The employee can share adaptation challenges or specific needs early on.
• Restoring purpose: Refocusing on new goals helps reconnect the employee with their role.

This is also a great opportunity to discuss career development, future plans, or well-being. If requested by the employee, it can even open the door to internal mobility or evolution.

The key role of HR tools in tracking after sick leave

Beyond a human approach, digital HR tools can help provide structure and peace of mind. For example:

• Smart scheduling: Space out deadlines, automate reminders to avoid overwhelming the employee.
• Customizable templates: Tailor the review format depending on the nature and length of the absence (sick leave, burnout, work injury, etc.).
• Early warning detection: Structured feedback collection can uncover concerns before they escalate.
  

Keys to a successful review after sick leave

Prepare the mandatory return-to-work meeting beforehand

Mandatory in certain situations, the return-to-work meeting is often overlooked. It must take place:

• After more than six months of sick leave
• After maternity leave or a work-related accident

Do not confuse this occupational health meeting—supervised by the occupational physician—with the employer-led annual review. However, it can help set the stage, especially when accommodations, therapeutic part-time arrangements, or objective adjustments may be needed.

Avoid the most common mistakes

Here are some missteps to avoid:

• Sending a formal invitation to an employee during leave without clearly indicating that it is optional.
• Neglecting the return-to-work meeting after a long absence—this is a serious HR oversight.
• Evaluating the employee based on goals that don’t take their absence into account.

Training your managers, adapting your tools and procedures, and maintaining transparent communication are essential to sidestepping these pitfalls. 

FAQ: annual review and sick leave in practice

What is the difference between an annual review and a professional review?

The annual review is optional and generally assesses performance. The professional review is mandatory every two years and focuses on employee development.

Can an employee on sick leave be invited to a review?

No. Any professional solicitation is prohibited during the leave, unless specifically requested by the employee.

Can they refuse an annual review when they return?

Yes, especially since the annual review is not mandatory by law.

Is the return-to-work meeting mandatory?

Yes, after a sick leave longer than six months, or after maternity leave or a work-related accident. It helps organize a suitable return.

What HR tools can be used?

HR platforms enable personalized follow-up, considerate scheduling, and template adjustments tailored to each employee’s situation.

What rights does an employee have regarding a post-leave review?

They can refuse a meeting during sick leave, request a therapeutic part-time schedule, or propose job adjustments in consultation with the occupational doctor.