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Is the duration of the official's probationary period extended if he is absent?
Verified 07 November 2022 - Directorate for Legal and Administrative Information (Prime Minister)
What applies to you ?
The leave granted to you during your internship, other than annual leavemay extend the duration of your internship. However, depending on whether it is leave remunerated or leave unpaidHowever, the conditions for extending your internship differ.
State Civil Service (EPF)
When you benefit from one or more paid leave during your internship, the total duration of this paid leave is not 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.
The holidays concerned are as follows:
- Maternity leave
- Adoption leave
- 3-day leave for birth or adoption
- Paternity and childcare leave
- Ordinary sick leave (CMO)
- Long-term sick leave (LSW)
- Long-term leave (CLD)
- Leave for temporary invalidity attributable to service (Citis)
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.
However, all periods of paid leave are taken into account for retirement and, upon your tenure, in the calculation of services selected for advancement.
If you have been granted leave for health reasons (CMO, CLM, CLD, Citis) for a period exceeding 1/10e from the normal duration of your probationary period, your tenure takes effect at the end of the extension period.
Example :
If you need to complete a one-year internship on 1er december 2022 to november 30, 2023 and your placement is extended by 9 days due to sick leave, your tenure takes effect on december 10, 2023.
On the other hand, if you have been granted leave for family reasons (maternity or adoption leave, 3 days leave for birth or adoption, paternity leave) of more than 1/10e of the normal duration of your probationary period, 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.
Example :
If you need to complete a one-year internship on 1er December 2022 to November 30, 2023 and if you are on maternity leave of 112 days, your placement is extended by 76 days (112 - 36), i.e. until February 14, 2024.Your tenure will come at the end of your placement (from February 15, 2024), but will take effect on February 1er December 2023.
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.
When you are granted one or more unpaid leave periods during your internship, the duration of your internship is extended by the number of days or half-days of unpaid leave granted to you.
These are the following holidays:
- Family Solidarity Leave
- Parental Leave
- Parental leave
- Caregiver leave
- Leave to care for your Civil partnership or partner, child or ascendant following an accident or critical illness
- Leave to raise a child under 8 years of age
- Leave to care for a dependent child or your Civil partnership or partner or ascendant with a disability that requires the presence of a third party
- Leave to follow your spouse or Civil partnership partner who has to move for professional reasons
- Leave for personal reasons
- Unpaid sick leave
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.
If you have been granted parental leave during your probationary period, this period of leave shall be taken into account, when you become established, for half of its duration, in the calculation of the services selected for advancement and classification.
If you have been granted parental leave during your probationary period, this period of leave shall be taken into account in full when you become established in the calculation of the services used for your classification and advancement.
If you have been granted caregiving leave during your probationary period, this period of leave shall be taken fully into account, when you become established, in the calculation of the services used for your classification and advancement.
If you have been granted family solidarity leave during your probationary period, this period of leave shall be taken fully into account when you become established in the calculation of the services used for your classification and advancement.
Territorial (FPT)
When you benefit from one or more paid leave during your internship, the total duration of this paid leave is not 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.
The holidays concerned are as follows:
- Maternity leave
- Adoption leave
- 3-day leave for birth or adoption
- Paternity and childcare leave
- Ordinary sick leave (CMO)
- Long-term sick leave (LSW)
- Long-term leave (CLD)
- Leave for temporary invalidity attributable to service (Citis)
For example, if you are required to complete a one-year internship and you 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.
However, all periods of paid leave are taken into account for retirement and, upon your tenure, in the calculation of services selected for advancement.
If you have been granted leave for health reasons (CMO, CLM, CLD, Citis) for a period exceeding 1/10e from the normal duration of your probationary period, your tenure takes effect at the end of the extension period.
For example, if you have to complete a one-year internship on 1er december 2022 to november 30, 2023 and your placement is extended by 9 days due to sick leave, your tenure takes effect on december 10, 2023.
On the other hand, if you have been granted leave for family reasons (maternity or adoption leave, 3 days leave for birth or adoption, paternity leave) of more than 1/10e of the normal duration of your probationary period, 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.
For example, if you have to complete a one-year internship on 1er december 2022 to november 30, 2023 and if you are on maternity leave of 112 days, your placement is extended by 76 days (112 - 36), until february 14, 2024.
Your tenure will come at the end of your internship (from 15 February 2024) but will take effect on 1er December 2023.
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.
When you are granted one or more unpaid leave periods during your internship, the duration of your internship is extended by the number of days or half-days of unpaid leave granted to you.
These are the following holidays:
- Family Solidarity Leave
- Parental Leave
- Parental leave
- Caregiver leave
- Leave to care for your spouse, child or ascendant following an accident or serious illness
- Leave to raise a child under 8 years of age
- Leave to care for a dependent with a disability requiring the presence of a third person
- Leave for personal reasons
- Unpaid sick leave
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.
If you have been granted parental leave during your probationary period, this period of leave shall be taken into account, when you become established, for half of its duration, in the calculation of the services selected for advancement and classification.
If you have been granted parental leave during your probationary period, this period of leave shall be taken into account in full when you become established in the calculation of the services used for your classification and advancement.
If you have been granted caregiving leave during your probationary period, this period of leave shall be taken fully into account, when you become established, in the calculation of the services used for your classification and advancement.
If you have been granted family solidarity leave during your probationary period, this period of leave shall be taken fully into account when you become established in the calculation of the services used for your classification and advancement.
Hospital (FPH)
When you benefit from one or more paid leave during your internship, the total duration of this paid leave is not 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.
The holidays concerned are as follows:
- Maternity leave
- Adoption leave
- 3-day leave for birth or adoption
- Paternity and childcare leave
- Ordinary sick leave (CMO)
- Long-term sick leave (LSW)
- Long-term leave (CLD)
- Leave for temporary invalidity attributable to service (Citis)
For example, if you are required to complete a one-year internship and you 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.
However, all periods of paid leave are taken into account for retirement and, upon your tenure, in the calculation of services selected for advancement.
If you have been granted leave for health reasons (CMO, CLM, CLD, Citis) for a period exceeding 1/10e from the normal duration of your probationary period, your tenure takes effect at the end of the extension period.
For example, if you have to complete a one-year internship on 1er december 2022 to november 30, 2023 and your placement is extended by 9 days due to sick leave, your tenure takes effect on december 10, 2023.
On the other hand, if you have been granted leave for family reasons (maternity or adoption leave, 3 days leave for birth or adoption, paternity leave) of more than 1/10e of the normal duration of your probationary period, 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.
For example, if you have to complete a one-year internship on 1er december 2022 to november 30, 2023 and if you are on maternity leave of 112 days, your placement is extended by 76 days (112 - 36), until february 14, 2024.
Your tenure will come at the end of your internship (from 15 February 2024) but will take effect on 1er December 2023.
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.
When you are granted one or more unpaid leave periods during your internship, the duration of your internship is extended by the number of days or half-days of unpaid leave granted to you.
These are the following holidays:
- Family Solidarity Leave
- Parental Leave
- Parental leave
- Caregiver leave
- Leave to care for your Civil partnership or partner, child or ascendant following an accident or critical illness
- Leave to raise a child under 8 years of age
- Leave to care for a dependent child or your Civil partnership or partner or ascendant with a disability that requires the presence of a third party
- Leave to follow your spouse or Civil partnership partner who has to move for professional reasons
- Unpaid sick leave
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.
If you have been granted parental leave during your probationary period, this period of leave shall be taken into account, when you become established, for half of its duration, in the calculation of the services selected for advancement and classification.
If you have been granted parental leave during your probationary period, this period of leave shall be taken into account in full when you become established in the calculation of the services used for your classification and advancement.
If you have been granted caregiving leave during your probationary period, this period of leave shall be taken fully into account, when you become established, in the calculation of the services used for your classification and advancement.
If you have been granted family solidarity leave during your probationary period, this period of leave shall be taken fully into account when you become established in the calculation of the services used for your classification and advancement.
Articles 19a, 21a, 22, 26, 27