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When an employee leaves the company, he or she can continue to benefit from group supplementary health insurance thanks to the"mutual insurance portability" scheme.Under this scheme, employers are required to maintain their former employees' health and provident cover, at no extra cost to them.
What is the portability of mutual insurance rights?
Under certain conditions, the portability of rights enables former employees to retain their company mutual insurance and provident fund cover free of charge after termination of their employment contract.
Theright to maintain a company mutual insurance planis set out in Article 4 of Law no. 89-1009 of December 31, 1989 (known as the "Loi Évin") and governed by Article L 911-8 of the French Social Security Code.
In concrete terms :
- Benefits remain identical to those for active employees
- Claimants already covered also continue to benefit from the scheme, as specified in the Social Security Code: " The present article is applicable under the same conditions to the employee's claimants who actually benefit from the guarantees ".
- Maintenance can last up to a maximum of 12 months
For HR, this means that your insurer or broker must be informed of each termination of contract giving entitlement to portability, and that the information must be given to the employee when he or she leaves (via the work certificate in particular).
What are the conditions of eligibility for health insurance portability?
For an employee to benefit from portability :
- Breach of contract must give entitlement to unemployment insurance
- It must not be linked to "gross negligence".
- The employee must have subscribed to the group contract while in service
| Good to know for HR:
You don't have to deal with any proof of unemployment. It is the former employee who must send the insurer a monthly France Travail (formerly Pôle Emploi) certificate to maintain his or her rights. Your role is to declare the end of the contract to the insurer and inform the former employee of the scheme. |
When does mutual insurance portability begin and how long does it last?
The portability of rights takes effect as soon as the employment contract is terminated. It applies for a period equal to that of the last employment contract (or succession of contracts), up to a maximum of 12 months.
Example: a 3-month fixed-term contract entitles the employee to 3 months' portability.
| Please note:
Anticipate the end of entitlement for your former employees, as an employee who is not covered may take legal action against the company if they feel they were not properly informed. |
Who pays for portability coverage?
Employees pay nothing to maintain their benefits.
The financing of portability is based on a system of mutualized contributions: it is the contributions paid by active employees (employer's share + employee's share) that cover the cost of portability and therefore the contributions of ported employees.
For HR, this means :
- No additional payment when the employee leaves
- But there is an obligation to ensure that the insurer correctly integrates the former employee into the scheme.
Portability of benefits and types of departure
| Reason for leaving | Portability possible? |
| Termination of contract | Yes |
| Resignation (legitimate reason) | Yes |
| Retirement | No |
- Rupture conventionnelle: still eligible, except in cases of gross negligence
- Resignation: only if recognized as legitimate by France Travail (spouse follow-up, business start-up, etc.), entitles the employee to unemployment insurance.
- Retirement: portability does not apply, but insurer must offer an individual continuation contract (Évin law)
What are "legitimate" resignations?
Resignation is generally synonymous with voluntary departure without unemployment benefit. However, in certain specific cases, known as resignations for legitimate reasons, employees are entitled to unemployment benefit.
At present, there are 17 cases of legitimate resignation entitling employees to compensation from France Travail :
| Legitimate resignation |
| Marriage or civil union accompanied by a change in place of residence |
| Following a spouse who moves to a new place of residence to take up a new job |
| Couple or indivisible" clause |
| Protected" adult (guardianship, curatorship, safeguard of justice) resigning to follow his tutor/curator |
| Disabled child admitted to a home away from home |
| Minors leaving work to follow their parents |
| Victim of domestic violence requiring a change of residence |
| Resignation from a new contract before 65 days worked, following redundancy, breach of contract or end of fixed-term contract (must not have been registered as a job seeker between the penultimate job and this new job). |
| Resignation after 3 years' membership followed by a permanent contract interrupted within the first 65 days |
| Failure to set up or take over a business |
| Employer fails to pay wages despite court order |
| Victim of a criminal act within the scope of the employment contract |
| End of integration contract for employment or training |
| End of contrat unique d'insertion or contrat initiative (depending on sector) employment for CDI/qualifying training |
| Civic service contract, international solidarity or associative volunteering ≥1 year |
| Journalist: problems of professional conscience or political orientation |
| Nursery assistant: employer's refusal to carry out the child's legal vaccinations |
Find out more about resignations for just cause
Best HR practices for managing portability
To secure your steps :
- Clearly inform employees of their entitlement to portability as soon as they receive their employment certificate.
- Systematically notify the insurer of the end of the contract
- Regularly check your internal processes to limit the risk of oversights
Specialized support in social protection helps you avoid administrative errors and ensure legal compliance.
FAQ - Mutual portability: questions from your employees
Can an employee refuse portability?
According to article L911-8, portability is a "right" and not an obligation. The employee is therefore free to choose. The employer, on the other hand, is obliged to offer it to the employee.
When does benefit portability end?
Coverage ceases on expiry of the unemployment benefit period, or in the event of resumption of employment ending the benefit period, up to a maximum of 12 months. It also ceases in the absence of proof required by the insurer during the maintenance period, since such proof is a condition for benefit entitlement.
Good to know: during the portability period, benefits are identical to those in force within the company, at no cost to the former employee, within the legal time limit. At the end of the portability period, the insurer sends out a proposal within two months for individual continuation of coverage under the "Evin law", on request made within six months. This proposal is subject to a charge and covers only healthcare costs. If an employee has been with the company for one month and one day, 2 months of portability are due.
Article écrit par
Margaux Vieillard-Baron
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