probationary period and official's establishment
Verified 04 October 2024 - Directorate for Legal and Administrative Information (Prime Minister)
You've just been recruited as civil servant ? You are subject to a probationary period before becoming established. If you are already a full-time public servant, you may also be subject to a probationary period in the course of his career if you change body or framework of uses following an internal competition or promotion. We present you the information to know according to your public service of origin (State - FPE, territorial - FPT, hospital - FPH).
EPF
The internship is a probationary period, i.e. a probationary period, which is intended to enable the employer's administration to ensure that you have demonstrated professional ability to perform the duties corresponding to your grade.
According to the body where you are appointed as a probationary officer, the probationary period may include a period of compulsory training.
At the end of the probationary period, you are entitled to become a full-time public servant.
You are appointed a probationary officer when you are recruited into the state public service as a result of competition or a procedure for recruitment without competition.
You may also be appointed as a Student Officer in the course of his career when you change from body as a result of a competition or internal promotion.
This is also the case if you are admitted, during your career, to a competition for access to a territorial employment framework or to a hospital body.
Depending on the particular status of your new corps or job cadre, you may be subject to a probationary period or exempted from an internship as provided for in the special status of your new body or job framework.
For example, traineeship exemptions may be provided for civil servants already holding category C, admitted to an internal competition for access to another category C body of the State.
If you are already a full-time civil servant on probation, you will remain in your previous grade and will be seconded to your new grade on probation.
If the special status of your new corps provides for a waiver of internship, you are directly established in your new rank.
Your internship can take place on your workstation and include training periods.
It can also take place in training school :
- Regional Institute of Administration (IRA)
- National Institute of Public Service (INSP)
- National Institute of Labor, Employment and Vocational Training (INTEFP)
- Institute for the Training of Personnel of the Ministry of Agriculture (Infoma)
- Etc.
Where the training course is conducted in a training school, it shall comprise a continuous or discontinuous period of teaching and a continuous or discontinuous period of placement in a professional situation within the administrations.
In the following cases, you can request a postponement of your appointment as a trainee:
- If you are enclosure, you can request the postponement of your appointment without this postponement exceeding 1 year.
- If you are already a public servant and have a parental leave at the time of your appointment as a probationary public servant, you may request to extend your appointment to the end of your parental leave.
- If you are already a public servant and have a parental leave at the time of your appointment as a probationary officer, you may request to extend your appointment to the end of the period during which you are entitled to parental leave.
- If you are already a public servant and have a caregiving leave at the time of your appointment as a probationary employee, you may request to extend your appointment to the end of the period during which you are entitled to the compassionate care leave.
During your internship, you cannot be transferred, seconded, made available or made available.
The normal duration of the training period is fixed by the special status of the body in which you are appointed as a probationary officer.
The normal duration of the internship may vary depending on whether you access the body by competition or by internal promotion.
If, at the end of the normal probationary period, your professional skills are not deemed sufficient to enable you to become established, your probationary period may be extended.
The maximum possible duration of extension is determined by the particular status of the body.
FYI
When your internship is extended, the extension period is not taken into account in the calculation of your seniority when you become a permanent employee, but is taken into account for retirement.
You can request permission to work part-time for the same reasons and under the same conditions as a permanent official, unless your training involves vocational education or must be completed in a training establishment (Ira, INSP, etc.).
If you are doing your internship part-time, the duration of your internship is increased proportionately to be equivalent to that of a full-time probationary official.
For example, if you have to do a one-year internship, depending on your part-time share, the duration of your internship is as follows:
Quota of working time | Duration of the course |
|---|---|
90% | 13 and a half months |
80% | 1 year 3 months |
70% | 1 year 5 months |
60% | 1 year 8 months |
50% | 2 years |
When you are recruited into the public service, you are paid on the basis of the 1er step of your rank.
However, if you were a contractor before being appointed as a probationary officer, some of your services performed as a contractor are taken into account in determining the step at which you are classified in your grade and pay.
Similarly, if you have pursued one or more professional activities under a legal regime other than that of a public official (in particular as an employee of the private sector), part of those periods of activity may be taken into account in determining the step at which you are classified in your grade and your remuneration.
It is the special status of the body in which you are appointed as probationary official which determines the proportion of the services performed as a member of the contract or of the periods completed under private law.
If you were already a full-time civil servant prior to being appointed as a probationary civil servant, your prior service is taken into account in accordance with the provisions of the special status of your new corps in determining the step at which you are classified in your new grade and your remuneration.
If the step at which you find yourself classified, by resuming your previous service as a contractor or civil servant, provides you with a lower index treatment than you previously held, the particular statutes generally provide for the continuation of the previous index treatment until you reach a step providing you with an index treatment at least equal to your previous index treatment.
As a probationary official, you have the same rights and obligations as a permanent official:
- Non-discrimination
- Right to health protection
- Functional protection
- Right to organize
- Right to strike
- Obligation of hierarchical obedience
- Duty of reserve, obligation of professional discretion, professional secrecy
- Compliance with rules on cumulation of activities.
Your employer's administration must provide you with the essential information and rules relating to the performance of your duties.
You are entitled to the following leave:
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Annual leave
You are entitled to annual leave under the same conditions as a regular official.
Annual leave does not affect the duration of your internship.
Leave for health reasons
When your medical condition requires it, you can take one of the following holidays:
- Sick leave
- Long-term sick leave (LSW)
- Long-term leave (CLD)
- Leave for temporary invalidity attributable to service - Citis (within 5 years).
If, at the end of a leave for health reasons, you are unable to resume your duties, you can be placed on unpaid leave, for a maximum of one year renewable once.
However, if, at the end of 2e year of unpaid leave, you must normally be fit to resume your duties before one year, your unpaid leave can be renewed one 2e times a maximum of 1 year.
Leave without pay and its renewal shall be granted after the medical advice.
If, at the end of paid sick leave or a period of unpaid leave, you are found permanently unfit to resume your duties, you shall be dismissed.
However, if you are a permanent civil servant in another body of the State, a territorial employment office or a hospital body, your secondment for probationary service is terminated and you are made available to your home administration.
The total duration of paid leave granted to you for health reasons shall not be taken into account as probationary time only for 1/10e the normal duration of your internship.
Above 1/10e, your internship is extended by that amount.
Example :
If you are required to complete a one-year internship and are on sick leave for 45 days, your internship is extended by 45 - 36 days (1/10e 365 days). It is therefore extended by 9 days.
In contrast, all periods of paid leave for health reasons are taken into account for retirement and, upon your tenure, in the calculation of services selected for advancement.
If you have a unpaid sick leave during your internship, the duration of your internship is extended by the number of days of unpaid sick leave granted.
If, as a result of successive leave of any kind (paid or unpaid), other than annual leave, your probationary period is interrupted for at least 3 years, you must, at the end of your last leave, repeat your entire probationary period.
Leave for family reasons
You can take unpaid leave at your request up to one year, renewable twice for the following reasons:
- Providing care to your spouse or partner of Civil partnerships: titleContent, to a child or ascendant following an accident or serious illness
- Providing care to a dependent child, your Civil partnership or partner, or an ascendant with a disability that requires a third party
- Raising a child under 8 years of age
- Follow your Civil partnership or partner who has to move for professional reasons.
You must ask to resume your duties at least 2 months before the end of your current leave.
Your internship is extended by the number of days of leave granted.
If your training period is interrupted for at least 1 year and your duties require special health conditions, you must undergo a medical examination with a doctor approved by the administration before resuming your duties.
You can also take the following holidays:
- Leave of absence motherhood or of adoption
- 3-day leave for the birth or arrival of a child placed for adoption
- Paternity and childcare leave.
The total duration of such paid leave shall not be taken into account as probationary time only for 1/10e the normal duration of your internship.
Above 1/10e, your internship is extended by that amount.
On the other hand, your tenure takes effect on the date of the end of the statutory duration of your probationary period without taking into account the extension linked to your leave.
All periods spent on leave are taken into account for retirement and, when you become a permanent employee, in the calculation of the services selected for advancement.
Example :
If you need to complete a one-year internship on 1er october 2024 to september 30, 2025 and if you are on maternity leave of 112 days, your internship is extended by 76 days (112 - 36), until december 16, 2025.
Your tenure will come at the end of your internship (from December 17, 2025), but will take effect on 1er October 2025.
You can also take the following holidays:
- Parental Leave : parental leave interrupts your internship. When you become a permanent employee, the period of parental leave is taken into account for half of its duration, in the calculation of the services used for your classification and advancement.
- Family Solidarity Leave : the end date of your internship is postponed by a number of days equal to the number of days of family solidarity leave that you have used. When you become a permanent employee, the period of family solidarity leave is taken into account in full in the calculation of the services used for your classification and advancement.
- Parental leave : the end date of your internship is postponed by a number of working days equal to the number of days and, optionally, half days of parental leave you have used. When you become a permanent employee, the days on which parental leave is used are fully taken into account in calculating the services used for your classification and advancement.
- Caregiver leave : the end date of your internship is postponed by a number of working days equal to the number of days and, optionally, half-days of caregiving leave you have used. When you become a permanent caregiver, the days on which you take compassionate care leave are taken into account in the calculation of the services used for your classification and advancement.
If, as a result of successive leave of any kind (unpaid or remunerated), other than annual leave, your probationary period is interrupted for at least 3 years, you must, at the end of your last leave, repeat your entire probationary period.
Leave for personal reasons
You can be placed at your request and subject to service requirements, on leave for personal reasons for up to 3 months. The leave is unpaid.
Your internship is extended by the number of days of leave for personal reasons granted.
At the end of your probationary period, if your employer administration deems that you have demonstrated the professional skills required to perform the duties corresponding to your grade, you are tenured.
If not, you are licensee for professional incompetence.
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Titularization
At the end of your probationary period, you will be granted tenure if your employer administration deems that you have the professional skills required to perform the duties corresponding to your grade.
Your administration issues a tenure order.
If you were already a full-time public servant in another government agency, territorial job manager or hospital department before your appointment as a probationary public servant, you become the holder of the grade on which you were appointed as a probationary public servant and you lose your former rank.
If you were a member of the territorial or hospital public service, you are removed from your original job or body.
Dismissal for incompetence
If your employer administration deems that you do not have the professional skills required to perform the duties corresponding to your grade, it may dismiss you for professional incompetence.
Your employer administration may dismiss you for incompetence during or at the end of your internship.
Your employer's administration may dismiss you for incompetence during your traineeship if you have completed at least half of your traineeship.
In order to terminate your employment, your employer's administration must follow the same procedure as that provided for in the case of disciplinary sanction, unless your professional competence is to be assessed by a jury.
Thus, the decision to dismiss is subject to the prior opinion of the Disciplinary Board.
You are entitled to full disclosure of your individual file and all supporting documents.
The administration must inform you of this right.
During the disciplinary proceedings, you are entitled to the assistance of the defenders of your choice.
You are summoned by the Chairman of the Disciplinary Board at least 15 days before the meeting date by registered letter with acknowledgement of receipt.
You can make written or oral submissions to the Disciplinary Board and summon witnesses.
Your administration can also call witnesses.
If you were already a permanent civil servant in another government agency, territorial employment agency or hospital agency before your appointment as a probationary civil servant, your secondment for probationary service is terminated and you are reinstated to your original agency or agency.
You are not entitled to any severance pay.
FPT
The internship is a probationary period, i.e. a probationary period, which is intended to enable the employing administration to ensure that you have demonstrated professional ability to perform the duties appropriate to your grade.
According to the employment framework where you are appointed as a probationary officer, the probationary period may include a period of compulsory training.
At the end of the probationary period, you are entitled to become a full-time public servant.
You are appointed a probationary officer when you are recruited into the territorial public service as a result of competition or a procedure for recruitment without competition.
You may also be appointed as a Student Officer in the course of his career when you change from employment framework as a result of a competition or internal promotion.
This is also the case if you are admitted, during your career, to a competition for access to a body of the State or hospital.
Depending on the particular status of your new job or corps, you may be subject to a probationary period or exempted from an internship as provided for in the special status of your new job framework or body.
The special status of an employment officer may, in particular, provide for a probationary period for a staff member who is already a permanent official and who has at least two years' service in a similar post.
If you are already a full-time civil servant on probation, you will remain in your previous grade and will be seconded to your new grade on probation.
If the special status of your new job framework provides for an internship exemption, you are directly recognized in your new rank.
Your internship can take place on your workstation and include training periods, in particular at the National Specialized Institutes of Territorial Studies (Inset) if you are appointed as a trainee civil servant of category A after competition (excluding police and fire departments)
If you are appointed as a Public Servant Intern in one of the following positions, you are appointed as a student by the NCTF and complete your internship at the National Institute of Territorial Studies (INET):
- Administrators
- Chief Engineers
- Heritage Conservators
- Library custodians.
Your internship at the Inet includes theoretical training periods and periods of community work.
In the following cases, you can request a postponement of your appointment as a trainee:
- If you are already a public servant and have a parental leave at the time of your appointment as a probationary officer, you may request to extend your appointment to the end of the period during which you are entitled to parental leave.
- If you are already a public servant and have a caregiving leave at the time of your appointment as a probationary employee, you may request to extend your appointment to the end of the period during which you are entitled to the compassionate care leave.
During your internship, you cannot be transferred, seconded, made available or made available.
The normal duration of the training period shall be 1 year, unless otherwise provided for by the special status of the employment office in which you are appointed as a trainee.
If, at the end of the normal probationary period, your professional skills are not deemed sufficient to enable you to become established, your probationary period may be extended for a maximum period of 1 year.
FYI
When your internship is extended, the extension period is not taken into account in the calculation of your seniority when you become a permanent employee, but is taken into account for retirement.
You can request permission to work part-time for the same reasons and under the same conditions as a permanent official, unless you are required to complete a period of probationary training at a training establishment (Inet or Inset) or if your probationary training involves vocational education.
If you do your internship part-time, your internship is then increased proportionately to be equivalent to that of a full-time probationary official.
Thus, depending on your part-time share, the duration of your internship is as follows:
Quota of working time | Duration of the course |
|---|---|
90% | 13 and a half months |
80% | 1 year 3 months |
70% | 1 year 5 months |
60% | 1 year 8 months |
50% | 2 years |
When you are recruited into the public service, you are paid on the basis of the 1er step of your rank.
However, if you were a contractor before being appointed as a probationary officer, some of your services performed as a contractor are taken into account in determining the step at which you are classified in your grade and pay.
Similarly, if you have pursued one or more professional activities under a legal regime other than that of a public official (in particular as an employee of the private sector), part of those periods of activity may be taken into account in determining the step at which you are classified in your grade and your remuneration.
It is the special status of the employment framework in which you are appointed as a probationary official that determines the proportion of the services performed as a contractor or of the periods completed under private law.
If you were already a full-time public servant before you were appointed as a probationary public servant, your prior service is taken into account under the specific status provisions of your new job framework to determine the step at which you are classified in your new grade and remuneration.
If the step at which you find yourself classified, by resuming your previous service as a contractor or civil servant, provides you with a lower index treatment than you previously held, the particular statutes generally provide for the continuation of the previous index treatment until you reach a step providing you with an index treatment at least equal to your previous index treatment.
As a probationary official, you have the same rights and obligations as a permanent official:
- Non-discrimination
- Right to health protection
- Functional protection
- Right to organize
- Right to strike
- Obligation of hierarchical obedience
- Duty of reserve, obligation of professional discretion, professional secrecy
- Compliance with rules on cumulation of activities.
Your employer's administration must provide you with the essential information and rules relating to the performance of your duties.
You are entitled to the following leave:
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Annual leave
You are entitled to annual leave under the same conditions as a regular official.
Annual leave does not affect the duration of your internship.
Leave for health reasons
When your medical condition requires it, you can take one of the following holidays:
- Sick leave
- Long-term sick leave (LSW)
- Long-term leave (CLD)
- Leave for temporary invalidity attributable to service - Citis.
If, at the end of a sick leave, CLM or CLD, you are unable to resume your duties, you can be placed on unpaid leave, for a maximum of one year renewable once.
However, if, at the end of the 2nd year of unpaid leave, you must normally be fit to resume your duties before one year, your unpaid leave can be renewed for a second year once for up to 1 year.
Leave without pay and its renewal shall be granted after the medical advice.
If, at the end of paid sick leave or a period of unpaid leave, you are found permanently unfit to resume your duties, you shall be dismissed.
However, if you are a permanent civil servant in another job, State or hospital setting, your secondment for traineeship will be terminated and you will be made available to your home administration.
The total duration of paid leave granted to you for health reasons shall not be taken into account as probationary time only for 1/10e the normal duration of your internship.
Above 1/10e, your internship is extended by that amount.
Example :
If you are required to complete a one-year internship and are on sick leave for 45 days, your internship is extended by 45 - 36 days (1/10e 365 days). It is therefore extended by 9 days.
In contrast, all periods of paid leave for health reasons are taken into account for retirement and, upon your tenure, in the calculation of services selected for advancement.
If you have a unpaid sick leave during your internship, the duration of your internship is extended by the number of days of unpaid sick leave granted.
If, as a result of successive leave of any kind (paid or unpaid), other than annual leave, your probationary period is interrupted for more than one year, your employer's administration may ask you, at the end of your last leave, to repeat your entire probationary period if you have completed less than half of the normal probationary period before the interruption.
Periods of probationary service completed before and after the interruption of duties due to such leave shall be taken into account for advancement and retirement.
Leave for family reasons
You can benefit from a unpaid leave of up to one year, renewable twice for the following reasons:
- Provide care to your spouse, child or ascendant following an accident or serious illness
- Caring for a dependent with a disability that requires the presence of a third person
- Raising a child under 8.
Your internship is extended by the number of days of leave granted.
You can also take the following holidays:
- Leave of absence motherhood or of adoption
- 3-day leave for the birth or arrival of a child placed for adoption
- Paternity and childcare leave.
The total duration of such paid leave shall not be taken into account as probationary time only for 1/10e the normal duration of your internship.
Above 1/10e, your internship is extended by that amount.
On the other hand, your tenure takes effect on the date of the end of the statutory duration of your probationary period without taking into account the extension linked to your leave.
And all periods spent on leave are taken into account for retirement and, when you become a permanent employee, in the calculation of the services retained for advancement.
Example :
If you need to complete a one-year internship on 1er october 2024 to september 30, 2025 and if you are on maternity leave of 112 days, your internship is extended by 76 days (112 - 36), until december 16, 2025.
Your tenure will come at the end of your internship (from December 17, 2025), but will take effect on 1er October 2025.
You can also take the following holidays:
- Parental Leave : parental leave interrupts your internship. When you become a permanent employee, half of the period of parental leave is taken into account in calculating the services used for advancement to a higher step.
- Family Solidarity Leave : the end date of your internship is postponed by a number of days equal to the number of days of family solidarity leave that you have used. When you become a permanent employee, the period of family solidarity leave is taken into account in full in the calculation of the services used for your classification and advancement.
- Parental leave : the end date of your internship is postponed by a number of working days equal to the number of days and, optionally, half days of parental leave you have used. When you become a permanent employee, the days on which parental leave is used are fully taken into account in calculating the services used for your classification and advancement.
- Caregiver leave : the end date of your internship is postponed by a number of working days equal to the number of days and, optionally, half-days of caregiving leave you have used. When you become a permanent caregiver, the days on which you take compassionate care leave are taken into account in the calculation of the services used for your classification and advancement.
If, as a result of successive leave of any kind (paid or unpaid), other than annual leave, your probationary period is interrupted for more than one year, your employer's administration may ask you, at the end of your last leave, to repeat your entire probationary period if you have completed less than half of the normal probationary period before the interruption.
Leave for personal reasons
You can be placed at your request and subject to service requirements, on unpaid leave for personal reasons for up to 3 months.
Your internship is extended by the number of days of leave for personal reasons granted.
You may not be transferred, seconded, made available or laid off while you are a probationary officer.
At the end of your internship, if your employing community determines that you have demonstrated the professional skills required to perform the duties appropriate to your rank, you are tenured.
If not, you are licensee for professional incompetence.
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Titularization
At the end of your internship, you are tenured if your employer community determines that you have demonstrated the professional skills required to perform the duties appropriate to your rank.
Your employer community issues a tenure order.
If you were already a full-time civil servant in another job, government or hospital setting before your appointment as a probationary civil servant, you become a full-time civil servant in the grade on which you are appointed as a probationary civil servant and you lose your former grade.
If you were a member of the state or hospital public service, you are removed from your original body.
Dismissal for incompetence
If your employing community determines that you do not have the professional skills required to perform the duties appropriate to your rank, they may terminate you for incompetence.
Your employing community may dismiss you for incompetence during or at the end of your internship.
Your employing community may dismiss you for incompetence during your traineeship if you have completed at least half of your traineeship.
In order to terminate your employment, your employing community must follow the same procedure as that provided for in the case of disciplinary sanction.
Thus, the decision to dismiss is subject to the prior opinion of the Disciplinary Board.
You are entitled to full disclosure of your individual file and all supporting documents.
Your community must inform you of this right.
During the disciplinary proceedings, you are entitled to the assistance of the defenders of your choice.
You are summoned by the Chairman of the Disciplinary Board at least 15 days before the meeting date by registered letter with acknowledgement of receipt.
You can make written or oral submissions to the Disciplinary Board and summon witnesses.
Your community can also call witnesses.
If you were already a full-time civil servant in another job, government or hospital department before your appointment as a probationary civil servant, it is placed at your secondment for probationary duty and you are reinstated in your original job or hospital department.
You are not entitled to any severance pay.
FPH
The internship is a probationary period, i.e. a probationary period, which is intended to enable the employing administration to ensure that you have demonstrated professional ability to perform the duties appropriate to your grade.
According to the body where you are appointed as a probationary officer, the probationary period may include a period of compulsory training.
At the end of the probationary period, you are entitled to become a full-time public servant.
You are appointed a probationary officer when you are recruited into the hospital public service as a result of competition or a procedure for recruitment without competition.
You may also be appointed as a Student Officer in the course of his career when you change from body as a result of a competition or internal promotion.
This is also the case if you are admitted, during your career, to a competition for access to a territorial employment framework or to a body of the State.
Depending on the particular status of your new corps or job cadre, you may be subject to a probationary period or exempted from an internship as provided for in the special status of your new body or job framework.
For example, internship exemptions are provided for successful candidates in internal competitions for access to category C hospital bodies.
If you are already a full-time civil servant on probation, you will remain in your previous grade and will be seconded to your new grade on probation.
If the special status of your new corps provides for a waiver of internship, you are directly established in your new rank.
Your internship can take place on your workstation and include training periods.
It can also take place in a training school (Graduate School in Public Health - EHESP).
In the following cases, you can request the postponement of your appointment as a trainee:
- If you are enclosure, you can request the postponement of your appointment without this postponement exceeding 1 year.
- If you are already a public servant and you have parental leave at the time of your appointment as a probationary public servant, you may request to extend your appointment to the end of your parental leave.
- If you are already a public servant and you have parental leave at the time of your appointment as a probationary officer, you may request to extend your appointment to the end of the period during which you are entitled to parental leave.
- If you are already a public servant and you have caregiving leave at the time of your appointment as a probationary employee, you may request to extend your appointment to the end of the period during which you are entitled to the compassionate care leave.
During your internship, you cannot be transferred, seconded, made available or made available.
The normal duration of the training period shall be 1 year, unless otherwise provided for by the special status of the body in which you are appointed as a trainee.
If, at the end of the normal probationary period, your professional skills are not deemed sufficient to enable you to become established, your probationary period may be extended for a maximum period of 1 year.
FYI
When your internship is extended, the extension period is not taken into account in the calculation of your seniority when you become a permanent employee, but is taken into account for retirement.
You can request permission to work part-time for the same reasons and under the same conditions as a permanent official, unless your probationary period involves vocational education or is to be completed in a training establishment (EHESP).
If you work part-time during your probationary period, your probationary period is then increased proportionately to that of a full-time probationary official.
Thus, depending on your part-time share, the duration of your internship is as follows:
Quota of working time | Duration of the course |
|---|---|
90% | 13 and a half months |
80% | 1 year 3 months |
70% | 1 year 5 months |
60% | 1 year 8 months |
50% | 2 years |
When you are recruited into the public service, you are paid on the basis of the 1er step of your rank.
However, if you were a contract employee or before you were appointed as a probationary employee, part of your service as a contract employee is taken into account in determining the step at which you are classified in your grade and pay.
Similarly, if you have pursued one or more professional activities under a legal regime other than that of a public official (in particular as an employee of the private sector), part of those periods of activity may be taken into account in determining the step at which you are classified in your grade and your remuneration.
It is the special status of the body in which you are appointed as probationary official which determines the proportion of the services performed as a member of the contract or of the periods completed under private law.
If you were already a full-time civil servant prior to being appointed as a probationary civil servant, your prior service is taken into account in accordance with the provisions of the special status of your new corps in determining the step at which you are classified in your new grade and your remuneration.
If the step at which you find yourself classified, by resuming your previous service as a contractor or civil servant, provides you with a lower index treatment than you previously held, the particular statutes generally provide for the continuation of the previous index treatment until you reach a step providing you with an index treatment at least equal to your previous index treatment.
As a probationary official, you have the same rights and obligations as a permanent official:
- Non-discrimination
- Right to health protection
- Functional protection
- Right to organize
- Right to strike
- Obligation of hierarchical obedience
- Duty of reserve, obligation of professional discretion, professional secrecy
- Compliance with rules on cumulation of activities.
Your employer's administration must provide you with the essential information and rules relating to the performance of your duties.
You are entitled to the following leave:
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Annual leave
You are entitled to annual leave under the same conditions as a regular official.
Annual leave does not affect the duration of your internship.
Leave for health reasons
When your medical condition requires it, you can take one of the following holidays:
- Sick leave
- Long-term sick leave (LSW)
- Long-term leave (CLD)
- Leave for temporary invalidity attributable to service - Citis (within 5 years).
If, at the end of a leave for health reasons, you are unable to resume your duties, you can be placed on unpaid leave, for a maximum of one year renewable twice.
Leave without pay and its renewal shall be granted after the medical advice.
If the medical board considers that you will be fit to resume your duties during the 4e year, your unpaid leave can be renewed for a 3e times.
If, at the end of paid sick leave or a period of unpaid leave, you are found permanently unfit to resume your duties, you shall be dismissed.
However, if you are a permanent civil servant in another hospital, state or territorial body of employment, your secondment for probationary service is terminated and you are made available to your home administration.
The total duration of paid leave granted to you for health reasons shall not be taken into account as probationary time only for 1/10e the normal duration of your internship.
Above 1/10e, your internship is extended by that amount.
Example :
If you are required to complete a one-year internship and are on sick leave for 45 days, your internship is extended by 45 - 36 days (1/10e 365 days). It is therefore extended by 9 days.
In contrast, all periods of paid leave for health reasons are taken into account for retirement and, upon your tenure, in the calculation of services selected for advancement.
If you have received a unpaid sick leave during your internship, the duration of your internship is extended by the number of days of unpaid sick leave granted.
If, as a result of successive leave of any kind (paid or unpaid), other than annual leave, your probationary period is interrupted for at least 3 years, you must, at the end of your last leave, repeat your entire probationary period.
Leave for family reasons
You can benefit from a unpaid leave of up to one year, renewable twice for the following reasons:
- Providing care to your spouse or partner of Civil partnerships: titleContent, to a child or ascendant following an accident or serious illness
- Providing care to a dependent child, your Civil partnership or partner, or a relative in the ascending line with a disability that requires a third party
- Raising a child under 8 years of age
- Follow your Civil partnership or partner who has to move for professional reasons.
You must request to resume your duties at least 2 months before the end of your current leave.
Your internship is extended by the number of days of leave granted.
You can also take the following holidays:
- Leave of absence motherhood or of adoption
- 3-day leave for the birth or arrival of a child placed for adoption
- Paternity and childcare leave.
The total duration of such paid leave shall not be taken into account as probationary time only for 1/10e the normal duration of your internship.
Above 1/10e, your internship is extended by that amount.
On the other hand, your tenure takes effect on the date of the end of the statutory duration of your probationary period without taking into account the extension linked to your leave.
And all periods spent on leave are taken into account for retirement and, when you become a permanent employee, in the calculation of the services retained for advancement.
Example :
If you need to complete a one-year internship on 1er october 2024 to september 30, 2025 and if you are on maternity leave of 112 days, your internship is extended by 76 days (112 - 36), until december 16, 2025.
Your tenure will come at the end of your internship (from December 17, 2025), but will take effect on 1er October 2025.
You can also take the following holidays:
- Parental Leave : parental leave interrupts your internship. When you become a permanent employee, the period of parental leave is taken into account for half of its duration, in the calculation of the services used for your classification and advancement.
- Family Solidarity Leave : the end date of your internship is postponed by a number of days equal to the number of days of family solidarity leave that you have used. When you become a permanent employee, the period of family solidarity leave is taken into account in full in the calculation of the services used for your classification and advancement.
- Parental leave : the end date of your internship is postponed by a number of working days equal to the number of days and, optionally, half days of parental leave you have used. When you become a permanent employee, the days on which parental leave is used are fully taken into account in calculating the services used for your classification and advancement.
- Caregiver leave : the end date of your internship is postponed by a number of working days equal to the number of days and, optionally, half-days of caregiving leave you have used. When you become a permanent caregiver, the days on which you take compassionate care leave are taken into account in the calculation of the services used for your classification and advancement.
If, as a result of successive leave of any kind (unpaid or remunerated), other than annual leave, your probationary period is interrupted for at least 3 years, you must, at the end of your last leave, repeat your entire probationary period.
At the end of your probationary period, if your employing institution deems that you have demonstrated the professional skills required to perform the duties corresponding to your grade, you are tenured.
If not, you are licensee for professional incompetence.
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Titularization
At the end of your probationary period, you will be granted tenure if your employing institution deems that you have demonstrated the professional skills required to perform the duties corresponding to your grade.
Your employing institution issues a tenure order.
If you were already a full-time civil servant before your appointment as a probationary civil servant, you become the holder of the grade on which you are appointed as a probationary civil servant and you lose your former grade.
If you were a member of the state or territorial public service, you are removed from your original body or job cadre.
Dismissal for incompetence
If your employer determines that you do not have the professional skills required to perform the duties appropriate to your rank, it may dismiss you for incompetence.
Your employer may dismiss you for professional incompetence during or at the end of your traineeship.
Your employer may dismiss you for incompetence during your traineeship if you have completed at least half of your traineeship.
In order to terminate your employment, your employer must follow the same procedure as that provided for in the case of disciplinary sanction, unless your professional competence is to be assessed by a jury.
Thus, the decision to dismiss is subject to the prior opinion of the Disciplinary Board.
You are entitled to full disclosure of your individual file and all supporting documents.
Your employer must inform you of this right.
During the disciplinary proceedings, you are entitled to the assistance of the defenders of your choice.
You are summoned by the Chairman of the Disciplinary Board at least 15 days before the meeting date by registered letter with acknowledgement of receipt.
You can make written or oral submissions to the Disciplinary Board and summon witnesses.
Your employer can also call witnesses.
If you were already a full-time public servant before your appointment as a probationary public servant, it is placed at your secondment for probationary service and you are reinstated to your original body or job cadre.
You are not entitled to any severance pay.
Internship and tenure
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