Yes.
If an employee is found by the Social Security Medical Board (CMSS) to be fit for work or where for some other reason the right to maintenance of wages or the right to a pecuniary sickness allowance ceases (for example, refusal by an employee to submit to a medical examination without valid reasons), the CNS may adopt a refusal decision automatically terminating the entitlement to maintenance of wages (paid by the employer) or to the right to a pecuniary sickness allowance (paid by the CNS).
Thus, an employer who has been informed by the CNS, by a decision of its President, that the employee has been declared fit to resume work from a specified date is obliged to cease paying wages to the employee during the wage-maintenance period, even though the employee is in possession of new sickness certificates extending beyond that date.
In no circumstances may the employer override the refusal decision taken by the competent body.
Those absences are not discounted in the 77 days provided for by Article L.121-6 of the Labour Code, or in the 78 weeks, under Article 186(1) of the Statutes of the CNS, since responsibility for them is not taken over either by the employer or by the Health Fund.
It is then incumbent upon the employee either to resume work or, if he considers himself truly incapable of resuming his work, to lodge an objection against the refusal decision mentioned above within a period of forty days following notification thereof.
In the event of review of the refusal decision of the CNS, the right to full maintenance of wages and other advantages deriving from the employment contract is restored.
Where the management committee settles the objection lodged by the employee, the employer must be prepared to pay to him retroactively the wages due in respect of the wage-maintenance period.