Sick-leave fraud: checking, by the rules

Written by Guillaume Pouillier, CNAPS-licensed private detective, licence no. AGD 095-2024-03-06-20190240581 · Last updated: July 9, 2026

An employee on sick leave need not stay locked at home, but exercising a competing or gainful activity during the leave is prohibited. The Court of Cassation admits the surveillance of an employee on the public way and in places open to the public, provided it is fair and proportionate. The whole stake lies there: a badly run check turns against the employer.

What we can record

• An employee “on leave” running a shop, working on a site or as a self-employed contractor
• Activity for a competitor during the leave or the notice period
• The repetition and regularity of the activity (hours, places, clientele), dated and documented

What we never do

Filming inside a home, unfair stratagems, disproportionate surveillance: these would get the evidence dismissed and engage your liability. Our protocols follow the social chamber’s case law, the difference between a usable report and a lost case.

From verification to sanction

Depending on the case, the report supports: suspension of supplementary benefits, disciplinary action up to dismissal for disloyalty, or the company’s defence in labour litigation. We recommend validating the strategy with your employment-law counsel, we gladly work with them.

Frequently asked questions