Employee long-term sick leave (LSW)

Verified 08 March 2024 - Directorate for Legal and Administrative Information (Prime Minister)

Remuneration during long sick leave

Published on 7 March 2024

The 2024 budget provides for a change in the conditions of remuneration of an official on long-term sick leave. An implementing decree must be issued. This page will be updated upon the issuance of this Order.

As a public servant, you may be placed on long-term sick leave (LSW) if you suffer from a disabling illness that requires prolonged treatment and care. We will detail the rules applicable to this long-term sick leave.

If you are in activity or secondment, you can request to be placed on long-term sick leave (LSW) if you are suffering from an illness that makes it impossible for you to carry out your duties, requires a treatment and long-term care and presents a disabling character and confirmed severity.

You can be placed in CLM, whether you are a public servant or a trainee.

The diseases giving rise to the right to MLC are fixed by decree. However, this list is not limiting step : CLM may be granted for other diseases following the advice of the medical advice.

FYI  

Your CLM implementation may also be involved at the request of your employer administration if, on the basis of a certificate from the occupational doctor or a report from your superiors, your state of health could justify your leave of absence.

CLM duration is Maximum 3 years.

CLM can be used from continuous or discontinuous.

CLM is granted or renewed by periods of 3 to 6 months.

If you have obtained a CLM of 3 years, you can only benefit from a new CLM if you have taken over your duties for at least 1 year.

You must send your employer administration a request for CLM, accompanied by a medical certificate from your treating physician.

Your CLM is pronounced on opinion of the medical council.

Your treating physician addresses the Secretariat of the medical advice a summary of their observations and any supporting documentation.

During the investigation of your file, the medical council can call on the expertise of a licensed doctor.

An approved doctor is a general practitioner or specialist on a list drawn up in each department by the prefect on a proposal from the Regional Health Agency, after consulting the Departmental Council of the Medical Association. One of the roles of a licensed medical practitioner is to conduct counter-visits and expert examinations.

At least 10 working days before the date of the medical council meeting, the medical council secretariat informs you of this date and of your following rights:

  • Consult your file
  • Provide written submissions and medical certificates
  • Be accompanied or represented, if desired, by a person of your choice at all stages of the procedure

The Medical Council Secretariat will also inform you of the possible avenues of challenge before the higher medical council.

You and your employer administration can have the doctor of your choice heard by the medical council.

If the medical council deems it useful, they can ask to hear from you.

The working doctor of your administration is informed of the meeting of the medical council.

They can ask for your medical records and can make written submissions or attend the meeting without voting.

The medical council sends its opinion to you and also to your administration.

If you request a CLM during a ordinary sick leave (CMO), lThe start date of your CLM is the date of 1re medical assessment of your disease. Your regular sick leave is reclassified to CLM.

During your 1re CLM year (paid at full pay), the renewal of your CLM, is pronounced at your request without reference to the medical council.

You must submit an application accompanied by a medical certificate from your doctor stating that the leave initially granted must be extended and specifying the duration of this extension.

When you ask for the extending your CLM beyond one year, that is to say, beyond the period of full pay, the extension shall again be decided on the advice of the medical council.

If your CLM extends a 2e year then a 3e at least once a year, your administration will subject you to an examination by a licensed doctor.

If you refuse to submit to these examinations, your remuneration is no longer paid.

If you or your employer authority disagrees with the medical officer's opinion, you may enter the medical advice.

Your index treatment is paid to you in full for 1 year, then reduced by half for the next 2 years.

If you perceive the residence allowance and the family treatment supplement (FTS), these remuneration elements are paid to you in full for the duration of your CLM

If you get a NBI: titleContent,it is paid to you in the same proportion as your index salary, as long as you are not replaced in your duties.

It can therefore be paid in full to you for 1 year, then reduced by half the next 2 years if you are not replaced.

Premiums and allowances shall be paid under the following conditions:

Tableau - Conditions for payment of premiums to an official in CLM

State Civil Service (EPF)

Territorial (FPT)

Hospital (FPH)

Premiums and allowances cease to be paid

The conditions for suspending or maintaining premiums shall be determined by deliberation

The Special Hardship Allowance (ISS) is paid in the same proportions as the salary

Please note

If the application for a CMO is made during ordinary sick leave (CMO), the premiums paid during the CMO shall be forfeited.

FYI  

The fees and other medical expenses resulting from examinations requested by your administration, the fees of a licensed medical practitioner and any transportation expenses to you to these examinations are supported by your administration. Transport costs are covered on presentation of the medical prescription for transport and an invoice issued by the carrier or proof of transport.

Time spent on long sick leave is ineffective on your rights to advancement (step and grade) and internal promotion.

It is also no effect on your retirement.

Time spent on long-term sick leave does not reduce your entitlement to other leave, including:

Reminder

If you are unable to take vacation leave because of long-term sick leave, some of your vacation leave may be postponed.

Periods of long-term sick leave do not give you not entitled to RTT.

If you are a probationary public servant, long-term sick leave extends the duration of your internship.

You can request a training or a skills assessment or to engage in an activity that promotes your rehabilitation or retraining. Your request is subject to the favorable opinion of the medical council.

During your long sick leave, you must meet the following obligations:

  • Cease all paid work (except medically ordered and supervised activities for your rehabilitation to employment)
  • Inform your administration of any change of residence
  • Inform your administration of any absence from your home of more than 2 weeks (except in case of hospitalization) and indicate your dates and places of stay
  • Submit to the check-ups prescribed by the approved doctor or medical council

In the event of non-compliance with these obligations, your remuneration is no longer paid until you meet the relevant obligation.

The time during which the payment of the remuneration is interrupted shall count towards the period of long-term sick leave.

If you have a medical condition that may lead to long-term leave (CLD), you can request to be placed in CLD, at the end of your 1re year of CLM paid at full pay or at the end of your entitlement to long-term sick leave.

To be able to resume your duties at the end of your CLM, you must provide a medical certificate of fitness for return.

When you have been in CLM for a maximum period of 3 years, your return to duty is subject to the favorable opinion of the medical council.

The same applies if you are performing duties that require special health conditions or if you have been placed in CLM at the request of your administration.

Répondez aux questions successives et les réponses s’afficheront automatiquement

Favorable opinion on your return to work

You're back in business.

Your workstation can be adapted to your health if necessary.

Payment for half-treatment shall be maintained, if necessary, until the date of the decision to resume service.

Unfavorable opinion to your resumption of work on your previous duties

Your situation varies depending on whether you are a full-time public servant or a trainee.

You're incumbent

You can benefit from a period of preparation for reclassification or be directly reclassified to a job that is compatible with your health.

If your health does not allow you to return to work and you are not entitled to a CLD, you can be placed in office availability if the medical council deems that your health will develop favorably.

If you are found to be permanently unfit for employment, you can be laid off disability pension no matter your age and no matter how many quarters of pension insurance you have.

Payment of half-salary shall be maintained, if necessary, until the date of the decision on reclassification, lay-off or admission to retirement.

You're an intern

If your health does not allow you to return to work and you are not entitled to a CLM, you can be placed in unpaid leave for a period of up to one year if the medical council deems that your health will develop favorably.

This unpaid leave may be renewed:

  • 2 times, if you are a state or territorial official
  • 3 times, if you are a hospital official

Leave without pay and its renewal shall be granted after consulting the medical council.

If you are declared permanently unfit at the end of any employment, long-term sick leave or unpaid leave, you are licensee.

If you were seconded for an internship and hold another grade, your secondment for traineeship is terminated and you are made available to your home administration.

In your home administration, you can benefit from a period of preparation for reclassification or be directly reclassified to a job compatible with your state of health or retired for disability.

Payment of half-salary shall be maintained, if necessary, until the date of the decision to reclassify, to take leave without pay or to dismiss staff.

FAQ