What is the official's automatic availability for health reasons?

Verified 01 January 2024 - Legal and Administrative Information Directorate (Prime Minister)

If you are a public servant, you may be automatically laid off in certain circumstances. While you are available, you may receive replacement income in some cases.

You may be automatically placed on standby when you have exhausted your rights to ordinary sick leave (CMO) or to long-term sick leave (LSW) or to long-term leave (CLD) and for the following reasons:

  • Your state of health does not yet allow you to return to work and requires you to stay off work
  • You were found unfit for the duties corresponding to your rank at the end of your sick leave and you are awaiting reclassification to a job compatible with your state of health
  • You are awaiting the opinion of medical advice who should determine your situation (return to service, reclassification, lay-off, admission to retirement)

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State Civil Service (FPE)

The statutory availability for health reasons is granted or renewed for a period of 6 to 12 months within the limit of 3 consecutive years.

Exceptionally, at the end of the 3 years, your availability may be renewed if the medical advice believes that the change in your health status should allow you to resume your duties or be reclassified before the end of the 4e year.

Territorial (FPT)

The statutory availability for health reasons cannot exceed 1 year.

It may be renewed twice for a period of one year.

Exceptionally, it can be renewed on a 3e times if the medical advice believes that the change in your health status should allow you to resume your duties or be reclassified before the end of the 4e year.

Hospital (FPH)

The statutory availability for health reasons cannot exceed 1 year.

It may be renewed twice for a period of one year.

Exceptionally, it can be renewed on a 3e times if the medical advice believes that the change in your health status should allow you to resume your duties or be reclassified before the end of the 4e year.

The administration shall decide on compulsory lay-off and its renewal after consulting the medical advice.

While you are on standby, you no longer receive your compensation.

However, you can receive the following benefits from your administration:

  • Per diems (IJ) for up to 2 years if statutory availability occurs after one year of regular sick leave (CMO)
  • Temporary Disability Allowance (TIA) if you are no longer entitled to daily allowances and your temporary disability reduces your working capacity by at least 2/3
  • Unemployment benefits if you are not entitled to daily allowances or temporary invalidity allowance (TIA)

If you are placed on involuntary leave pending the opinion of the medical council, you continue to receive your half-salary until the date of the decision to return to service, reclassification, lay-off or admission to retirement.

This maintenance of remuneration pending the opinion of the medical council shall not apply to premiums and allowances.

You can receive a daily allowance if you are placed on compulsory leave at the end of a one-year ordinary sick leave (CMO) and if you are not entitled to long-term sick leave (LSW).

In this case, your administration asks the social security medical officer whether you can receive a daily allowance.

Indeed, as a public servant who is on medical leave, you cannot be compensated less by your administration than you would be if you were compensated by Social Security.

In the case of social security, the duration of payment of daily allowances may be up to 3 years.

So the social security medical adviser looks at whether or not you would be entitled to per diems for 3 years.

His opinion is binding on your administration.

If you are eligible, the daily allowance is calculated under the conditions laid down in the general social security scheme.

It is equal to half your index salary and your residence allowance, up to €52.28, plus the entire Family Treatment Supplement (FTS).

Example :

If you are remunerated on the basis of the 431 plus index assigned to zone 1 of residence and have 2 children:

  • Index treatment is equal to (431 x €5,907.34 / 1200 / 30) = €70.72 per day
  • The residence allowance is equal to (431 x €5,907.34 / 1200x 3% / 30) = €2.12 per day
  • The family treatment supplement is equal to €76.97 / 30 = €2.56 per day

The daily allowance is therefore equal to: (70,72 + 2,12) / 2 + 2,56 = €38.98 per day.

The daily allowance shall be subject in full to the CSG: titleContent at the rate of 6.2% and to the CRDS: titleContent at the rate of 0.5%.

It is taxable.

Reminder

The increase in the JIs by 50% to ²/bq from 31e Compensation day for Social Security employee with at least 3 dependent children has been abolished since 01/07/2020. This deletion applies to officials who receive IJ under the principle of coordination between the special social security scheme and the general scheme.

The period of availability is not taken into account for advancement in step and grade.

If you have collected unemployment benefits, it may be taken into account, subject to conditions, by the Social Security Pension Insurance.

Your reinstatement is subject to prior verification by a licensed medical practitioner and by the medical council of your fitness to perform duties commensurate with your rank.

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Physical fitness

State Civil Service (EPF)

If you are able to return to a job corresponding to your grade, you are reinstated to your previous job or to a job corresponding to your grade.

If you turn down 3 job offers in turn, you can be dismissed after the HEADING: titleContent.

Territorial (FPT)

If you are able to return to a job corresponding to your grade, you are reinstated in the job you held before your sick leave if your availability did not last more than 6 months.

If your availability has exceeded 6 months, you are reinstated to 1re vacancy or job creation corresponding to your grade.

If you don't have a job vacancy, you're back in your community for an extra year.

At the end of this period of one year, if there is no job corresponding to your grade, you are taken care of by the management center or the CNFPT: titleContent under the same conditions as a official whose post is terminated.

You are a priority to be posted to a job that matches your rank in your home community.

If you turn down 3 job offers in turn, you can be dismissed after the HEADING: titleContent.

Hospital (FPH)

If you are able to return to a job corresponding to your grade, you are reinstated in a job corresponding to your grade.

If you turn down 3 job offers in turn, you can be dismissed after the HEADING: titleContent.

Partial incapacity

If you are partially unfit to perform your duties, the medical council may propose that your work station be adapted to your state of health.

If this adaptation is not possible, the medical council may suggest a reclassification.

Final total incapacity

If you are permanently unfit to perform any function, you are disability pension or, if you are a probationary official, dismissed without compensation.