Sick leave of a public service contract employee

Verified 06 November 2023 - Legal and Administrative Information Directorate (Prime Minister)

Are you a contract worker and wondering what your leave entitlements are in the event of a serious illness? If your illness requires long-term treatment and care and is disabling and of confirmed severity, you may be placed on serious sick leave if you have at least 3 years of service. We will present the rules applicable to this leave.

What applies to you ?

You are placed on serious sick leave, when you are active, if you at least 3 years of service and if you have a condition that puts you in theThe inability to carry on your business, requiring prolonged treatment and care and presenting a disabling character and confirmed severity.

You can be placed on leave for serious illness whether you are on a permanent or permanent contract.

You can not be placed on serious sick leave when you are not working, i.e. when you are in one of the following situations:

Parental Leave
Unpaid leave to travel overseas or abroad to adopt one or more children
Family Solidarity Leave
Unpaid leave to raise a child under the age of 12
Unpaid leave to care for a dependent child, spouse or partner of your Civil partnerships: titleContent, to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
Unpaid leave to follow a Civil partnership
Parental leave
Caregiver leave
Leave for family reasons
Leave for personal reasons
Leave to create or resume a company

The length of service required to be entitled to sick leave is calculated taking into account all the services you have performed with the administration that recruited you.

In case of interruption of functions, the services are taken into account if the interruption has not exceeded 4 months.

First request for leave

In order to be placed on serious sick leave, you must apply to your employer administration a application for leave on grounds of serious illness.

Your administration may have an application form in place. If this is not the case, you can make your request on free paper. Inquire with your human resources department.

Your request for leave must be accompanied by a certificate from your treating physician.

Your doctor will also send the President of the Medical Council a summary of his observations and any documents justifying your situation.

Your file is reviewed by the president of the medical board or a doctor who is a member of the medical board.

You are subject to theexamination an approved specialist who is competent for the condition you are suffering from.

The medical officer shall give a written opinion. He may attend the medical council.

The Medical Council Secretariat will inform you of the date when the Medical Council will review your file at least 10 days in advance.

You have the right to consult your file, to make written submissions and to provide medical certificates and to be accompanied or represented by a person of your choice at all stages of the procedure.

The Medical Council Secretariat informs you of the possible avenues of challenge before the Higher Medical Council.

The occupational doctor shall also be informed of the date of the meeting of the medical council. They can ask for your file. He may submit written observations or attend the meeting.

LThe opinion of the Medical Council is motivated. This opinion shall be communicated to you, with due regard for medical confidentiality.

Your placement on serious sick leave is taken by your employer administration in the light of the opinion of the medical council.

Your employer administration informs the medical board of its decision.

Renewal of leave

To get the renewal of your serious sick leave at the end of a current period, you must send to your employer administration a medical certificate from your doctor specifying that the leave initially granted must be extended and specifying the duration of this extension.

Renewal of your leave for serious illness does not give rise to further consultation with the medical council except when you request renewal of your leave after having exhausted your full salary rights.

Your employer administration has your examination carried out by a registered doctor at least once a year. If you refuse to undergo these examinations, your administration may suspend payment of your remuneration.

The maximum duration of leave for serious illness shall be Three years.

Serious sick leave may be granted for periods of 3 to 6 months.

After 3 years of serious sick leave, you can take another period of serious sick leave provided that you have been in office for at least 1 year.

If the application for serious sick leave is made during a sick leave, on 1^re period of serious sick leave from day 1^re medical recognition of sickness and sick leave is reclassified as serious sick leave.

During your sick leave, you are paid by your employer's administration at full treatment for 12 months and at half treatment for 24 months.

You also have entitlement to daily subsistence allowances (IJ) social security, if you meet the conditions to receive it.

The amount of the daily allowances is deducted from the amount of your full or half salary.

In practice, either your employer's administration pays you, in addition to the daily subsistence allowance, the share of the index salary due to you up to the full or half salary.

Either your employer's administration pays you all your full or half salary and receives a refund of the daily allowances from the Social Security.

If you are receiving per diem payments from your CPAM: titleContent, you must communicate the amount to your administration so that it pays you your index salary, in addition, up to your full or half salary.

Your administration may suspend the payment of your salary until the transmission of this information.

If you perceive the residence allowance, it is paid to you in the same proportions as your index salary (in full or in half).

If you perceive family treatment supplement (FTS), it shall be paid in full to you throughout your leave.

Your premiums and allowances are no longer paid to you.

During your work stoppage, you must meet the following obligations:

Follow the doctor's prescriptions
Undergo medical check-ups
Observe discharge times authorized by the physician
Not engaging in unauthorized activity
Inform the CPAM without delay of any resumption of activity before the end of the work stoppage

Serious sick leave shall be taken into account in calculating the length of service required to be able to apply for a part-time and to be granted the following leave:

Annual leave
Leave for union training
Health and safety training leave if you are a staff representative on the Social Committee
Training leave for youth leaders and youth workers
Citizenship Leave
Representation leave
Vocational training leave
Period of professionalization
Leave for validation of experience
Skills Check Leave
Maternity or adoption leave
3-day leave for birth or adoption
Paternity and childcare leave
Sick leave
Accident at work Leave for taking or occupational disease
Parental Leave
Unpaid leave to travel overseas or abroad for the adoption of one or more children
Family Solidarity Leave
Leave to raise a child under the age of 12
Unpaid leave to care for a dependent child, spouse or partner of your Civil partnerships: titleContent, to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
Leave to follow your spouse or Civil partnership partner who has to move for professional reasons
Parental leave
Caregiver leave
Leave for family reasons
Leave for personal reasons
Leave to create or resume a company

Other leave shall not result in the loss of seniority acquired before it was granted.

The annual leave not taken as at 31 december due to prolonged absence for health reasons may be postponed under certain conditions.

Periods of serious sick leave reduce the number of RTT days.

The length of sick leave is taken into account when calculating the length of service required to review your remuneration and to determine your training entitlements.

It is also taken into account when calculating the seniority required to stand for internal competitions and when ranking you in case of success in a competition for access to a public service corps or job cadre.

You are fit to resume your duties

If you are fit to resume your duties at the end of your sick leave, you are re-employed on your previous job to the extent permitted by the service.

If this is not possible, you have a priority to be re-employed on a similar job with equivalent pay.

You remain temporarily unfit

If you're still temporarily unfit upon resuming your duties at the end of your leave of absence for serious illness, you shall be placed in unpaid leave for a maximum period of one year.

This period of one year may be extended by 6 months if medical advice indicates that you may be fit to resume your duties at the end of this additional 6-month period.

At the end of this unpaid leave, if it is medically established by an authorized doctor that you are permanently unfit to occupy your job, you can apply to be reclassified.

Your request for reclassification will be reviewed if you were recruited on a permanent contract or permanent contract if the termination of your contract is later than the date of your request for reclassification.

The reclassification job is then offered for the period remaining before the end of your CDD.

If your reclassification is not possible, you are licensee for physical incapacity.

At the end of this unpaid leave, if you are fit upon resumption of your duties, you shall be re-employed on your previous employment to the extent permitted by the service.

If this is not possible, you have a priority to be re-employed on a similar job with equivalent pay.

Warning

If you have been on unpaid leave for more than one year, you may only be re-employed if you request it by registered letter with acknowledgement of receipt at least 1 month before the end of your unpaid leave. If you do not apply at least 1 month before the end of your leave, you are considered to have resigned.

You are definitely unfit to resume your duties

At the end of your sick leave, if it is medically determined by a licensed medical practitioner that you are permanently unfit for employment, you can apply to be reclassified.

The reclassification job is then offered for the period remaining before the end of your CDD.

If your reclassification is not possible, you are licensee for physical incapacity.

You can be placed on leave for serious illness whether you are on a permanent or permanent contract.

You can not be placed on serious sick leave when you are not working, i.e. when you are in one of the following situations:

Parental Leave
Unpaid leave to travel overseas or abroad to adopt one or more children
Family Solidarity Leave
Unpaid leave to raise a child under the age of 12
Unpaid leave to care for a dependent child, spouse or partner of your Civil partnerships: titleContent, to a ascendant following an accident or serious illness or a disability requiring the presence of a third person
Unpaid leave to follow a Civil partnership
Parental leave
Caregiver leave
Leave for family reasons
Leave for personal reasons
Leave to create or resume a company

The length of service required to qualify for sick leave is calculated based on the total service you have performed with the community that recruited you.