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Does a public official lose untaken sick leave?
Verified 21 February 2024 - Directorate for Legal and Administrative Information (Prime Minister)
A public official who has not been able to take all or part of his annual leave because of absences due to health reasons is entitled, within certain limits, to carry over his untaken annual leave. In the hospital public service, other absences may be eligible for the carry-over of untaken annual leave. We will detail the rules applicable in each public service.
What applies to you ?
State civil service
Annual leave is granted from 1er January to December 31.
In principle, leave not taken as at 31 december are lost and may not be carried over to the following year, except with exceptional authorization of the employer's administration.
However, if you have not been able to take all or part of your vacation leave due to an extended absence for health reasons, your untaken vacation leave is automatically carried forward.
You receive an automatic postponement of 4 weeks of leave on a period of up to 15 months.
Thus, leave not taken from year N may be carried over until 31 March of year N+2.
If they are not taken within that 15-month period (including an extension of the sick leave of the staff member), they are lost and cannot be compensated.
However, if you permanently leave the public service after sick leave without resuming your duties, you receive a compensatory leave allowance equivalent to 4 weeks of leave.
The deferral is granted in the following cases:
- Sick leave of the official
- Sick leave of contract staff
- Leave for temporary invalidity attributable to the official's service (Citis)
- Leave for an accident in service or occupational disease of a member of the contract staff
- Sick leave
- Long-term leave
- Sick leave
You don't have to request a postponement of your annual leave, your human resources department automatically postpones it.
The taking of deferred annual leave is subject, like any taking of annual leave, to the agreement of your employer administration.
Territorial civil service
Annual leave is granted from 1er January to December 31.
In principle, leave not taken as at 31 december are lost and may not be carried over to the following year, except with exceptional authorization of the employer's administration.
However, if you have not been able to take all or part of your vacation leave due to an extended absence for health reasons, your untaken vacation leave is automatically carried forward.
You receive an automatic postponement of 4 weeks of leave on a period of up to 15 months.
Thus, leave not taken from year N may be carried over until 31 March of year N+2.
If they are not taken within that 15-month period (including an extension of the sick leave of the staff member), they are lost and cannot be compensated.
However, if you permanently leave the public service after sick leave without resuming your duties, you receive a compensatory leave allowance equivalent to 4 weeks of leave.
The deferral is granted in the following cases:
- Sick leave of the official
- Sick leave of contract staff
- Leave for temporary invalidity attributable to the official's service (Citis)
- Leave for an accident in service or occupational disease of a member of the contract staff
- Sick leave
- Long-term leave
- Sick leave
You don't have to request a postponement of your annual leave, your human resources department automatically postpones it.
The taking of deferred annual leave is subject, like any taking of annual leave, to the agreement of your employer administration.
Hospital civil service
Annual leave is granted from 1er January to December 31.
In principle, leave not taken as at 31 december are lost and may not be carried over to the following year, except with exceptional authorization of the employer's administration.
However, if you have not been able to take all or part of your vacation leave due to an extended absence for health reasons, your untaken vacation leave is automatically carried forward.
You receive an automatic postponement of 4 weeks of leave on a period of up to 15 months.
Thus, leave not taken from year N may be carried over until 31 March of year N+2.
If they are not taken within that 15-month period (including an extension of the sick leave of the staff member), they are lost and cannot be compensated.
However, if you permanently leave the public service after sick leave without resuming your duties, you receive a compensatory leave allowance equivalent to 4 weeks of leave.
The deferral is granted in the following cases:
- Sick leave of the official
- Sick leave of contract staff
- Leave for temporary invalidity attributable to the official's service (Citis)
- Leave for an accident in service or occupational disease of a member of the contract staff
- Sick leave
- Long-term leave
- Sick leave
You don't have to request a postponement of your annual leave, your human resources department automatically postpones it.
The taking of deferred annual leave is subject, like any taking of annual leave, to the agreement of your employer administration.
Vacation leave not taken is also automatically carried forward in the following cases:
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Maternity, adoption or paternity leave
If you were unable to take all or part of your vacation leave due to a maternity leave, of adoption or fatherhood, they are automatically postponed on the following year.
Postponed leave may be until 31 December of year N+1.
After that date, they are lost.
Thus, if you are absent on year N, you benefit from the automatic carry-over of your leave to year N+1.
On the other hand, if you are absent on years N-1 and N (for example, on sick leave and then on maternity leave), you benefit on year N+1 from the automatic carry-over of only leave from year N.
Leave from year N-1 is lost even if it has been carried over to year N.
Parental Leave
If you were unable to take all or part of your vacation leave due to a parental leave, you have the automatic carry-over of such leave at the end of parental leave, whatever its duration.
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Maternity, adoption or paternity leave
If you were unable to take all or part of your vacation leave due to a maternity leave, of adoption or fatherhood, they are automatically postponed on the following year.
Postponed leave may be until 31 December of year N+1.
After that date, they are lost.
Thus, if you are absent on year N, you benefit from the automatic carry-over of your leave to year N+1.
On the other hand, if you are absent on years N-1 and N (for example, on sick leave and then on maternity leave), you benefit on year N+1 from the automatic carry-over of only leave from year N.
Leave from year N-1 is lost even if it has been carried over to year N.
Parental Leave
If you were unable to take all or part of your vacation leave due to a parental leave, you have the automatic carry-over of such leave at the end of parental leave, whatever its duration.