Ordinary sick leave (CMO) of the official

Verified 21 March 2022 - Directorate for Legal and Administrative Information (Prime Minister)

Are you sick or injured and unable to work? You may be placed on ordinary sick leave by your employer's administration on presentation of a work stoppage.

Work stoppage

If you are in activity or secondment, you may be placed on ordinary sick leave where the illness makes it impossible for you to carry out your duties.

You must send a work stoppage notice to your administration within 48 hours of establishment by a doctor, dental surgeon or midwife.

This work stoppage notice indicates the probable duration of your incapacity for work.

You must pass on to your employer administration the flaps 2 and 3 of the work stoppage.

You're keeping pane number 1. This component should be presented to the approved medical practitioner at the time of counter-visit or other medical examination.

In the event of a renewal of your work stoppage, you must forward your extension to your administration within the same 48-hour period following the establishment of the work stoppage.

In the event of failure to comply with the 48-hour time limit

In case of non-compliance with this 48-hour deadline, your administration informs you by post of the delay noted.

It also informs you that you may be subject to a reduction in your remuneration in case of a new late shipment within 24 months after this 1er late shipment.

If a work stoppage is sent again late, the remuneration due between the date of the establishment of the new stoppage and the date of its transmission shall be reduced by half.

The 48-hour dispatch period may be exceeded in case of hospitalization.

If you are unable to meet the 48-hour deadline, excluding hospitalization, you have 8 days after the establishment of the work stoppage to justify this impossibility.

Remuneration elements affected by the halving

Halving your salary is related to your gross index salary and your bonuses and allowances.

In contrast, the following remuneration elements continue to be paid in full:

  • Residence allowance
  • Family treatment supplement
  • Partial payment of the price of public transport passes used for travel between home and work
  • Benefits in kind
  • Reimbursement of expenses
  • Premiums and allowances related to change of residence, first assignment, geographical mobility and restructuring
  • Premiums and allowances linked to the organization of work
  • Teaching or jury allowances and other allowances not directly related to employment
  • Part or all of premiums and allowances modulated according to performance and manner of service
  • Exceptional or occasional payments of premiums and allowances in respect of a single chargeable event

The duration of ordinary sick leave may be a maximum of one year for a period of 12 consecutive months (365 days or 366 in the case of leap year).

You are entitled to regular paid sick leave at full pay for 3 months (90 days) and then half pay for 9 months (270 days).

Full or half-treatment entitlements shall be counted, for each day of work stoppage, according to the full or half-treatment days already granted during the preceding 12 months.

Each new work stoppage shall be subject to waiting day unpaid.

Example :

If you are off 3 months from 1er february to 1er May 2022 inclusive (90 calendar days) , you will be paid full pay for 89 days (90 days - 1 day of waiting) if you have not already received 3 months of full pay leave since February 2, 2021.

The day of absence shall not be paid but shall be counted as a day of full-salary leave.

If you have already received 60 days of regular paid sick leave at full pay, you will only receive 30 days at full pay.

So you'll be paid on the 1er February to March 2 at full salary (30 calendar days). However, on 1er day will be subject to a deduction of 1/30eme (waiting day on 1er February) but it will be counted as a full day of treatment.

And from March 3, you will be paid half-salary until the end of your stop.

When you move to half-pay, certain elements of compensation continue to be paid in full.

Tableau - Remuneration after 90 days of regular sick leave at full pay

Compensation Elements

State Civil Service (EPF)

Territorial (FPT)

Hospital (FPH)

Index treatment

50%

50%

50%

Residence allowance (IR)

100%

100%

100%

Family Treatment Supplement (FTS)

100%

100%

100%

New Index Enhancement (NBI)

50%

50%

50%

Premiums and allowances

50%

The conditions for suspending or maintaining premiums and allowances shall be laid down by decision of the local authority

Special hardship allowance (ISS) reduced by 50%

The extension of ordinary sick leave beyond six consecutive months shall be subject to the opinion of the medical advice.

The time spent on ordinary sick leave does not affect your promotion rights (step and grade).

It also has no effect on your retirement.

Time spent on sick leave does not reduce your entitlement to the following:

Reminder

if you are unable to take vacation leave due to sick leave, some of your vacation leave may be postponed.

Periods of sick leave do not entitle you to RTT.

If you are a probationary public servant, sick leave, beyond a certain period, extends the duration of your internship.

Your administration may require a check-up by an authorized doctor at any time.

You must undergo a check-up at least once after 6 consecutive months of sick leave.

You must undergo these examinations. If you refuse, your remuneration will no longer be paid.

If you or your administration disagree with the opinion of the licensed medical practitioner, you may enter the medical advice.

While you are sick, you should inform your administration of any change of residence.

You can apply for training or a skills check or for an activity that will help you retrain or retrain for a new job.

Your request is subject to the favorable opinion of the medical council.

If you have a medical condition that may lead to long-term sick leave (LSW), you can request to be placed in CLM in progress or at the end of your regular sick leave entitlement.

If you have been placed on regular sick leave for 12 consecutive months, you can only resume your work after receiving a favorable opinion from the medical council.

Favorable opinion on your return to work

You're back in office.

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.

In the event of refusal to join your workstation without valid reasons linked to your state of health, you may be dismissed after consulting the Joint Administrative Commission.

Unfavorable opinion to your resumption of work on your previous duties

If you are a holder

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 CLM, 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 any employment, you may 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.

In the event of refusal of the proposed post or posts without valid reasons related to your state of health, you may be dismissed after the opinion of the Joint Administrative Commission.

If you are a trainee

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

The renewal of your unpaid leave is made after the opinion of the medical council.

If you are found permanently unfit for employment, at the end of your CMO or unpaid leave, you are terminated.

If you were seconded for an internship and hold another grade, your secondment for an internship shall be terminated and you shall be 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 unpaid leave or to dismiss.

In the event of refusal of the proposed post or posts without valid reasons related to your state of health, you may be dismissed after the opinion of the Joint Administrative Commission.

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