Does the day of absence for sickness exist in the public service?
Verified 01 September 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Additional cases ?
Yes, when you are on sick leave, a waiting day, that is, an unpaid day. HoweverHowever, in the case of certain work stoppages, the day of absence does not apply.
The waiting day shall apply differently depending on who you are official or contract.
You're a public servant
Every time you stop work, you are paid from 2e day of sick leave.
Your index treatment, your premiums and allowances are not paid on 1er day of sick leave.
If you get a residence allowance and/or a new index enhancement (NBI), these 2 remuneration elements are not paid to you either.
Alone, the family treatment supplement (FTS) you are paid if you are entitled to it.
However, the waiting day shall not apply in the following cases:
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If you extend your sick leave within 48 hours
The waiting day shall not apply on 2e sick leave, where the return to work between two sick days for the same condition has not exceeded 48 hours.
This is the case:
- When the new work stoppage extends the previous stop and the prescribing physician has ticked the extension box
- Or when you try to resume your duties and find yourself forced to stop again 1 or 2 days later
- Or when you have been unable to see your doctor on a Saturday, Sunday or holiday next to the weekend for reasons beyond your control.
The new judgment is considered to be a relapse and an extension since the cause of the initial judgment has not disappeared.
The 48-hour period, counted in calendar days, starts running from 1er the day following the last day of the initial work stoppage.
For long-term illness (ALD)
The day of absence shall not apply in the case of sick leave granted after a 1er leave of disease for a same long-term disorder (ALD, during a period of 3 years from 1er sick leave.
Thus, in the case of successive work stoppages linked to the same ALD, the waiting period applies only once during the same period of 3 years from 1er work stoppage related to this ALD.
The 3-year period is calculated from date to date.
If you suffer from different ALD, the waiting period applies, per period of 3 years, for the 1er sick leave generated by each of the ALD.
On specific holidays
The day of absence shall not apply on the following holidays:
- Leave for temporary invalidity attributable to service (Citis)
- Long-term sick leave (LSW)
- Long-term leave (CLD)
- Sick leave granted after a declaration of pregnancy and before the start of maternity leave
- Maternity leave and additional leave granted in case of pathological pregnancy
- Sick leave following spontaneous termination of pregnancy (miscarriage) before 22e amenorrhea week
- Sick leave following a medical termination of pregnancy
- 1er sick leave within 13 weeks of the death of your child under 25 years of age or a person under 25 years of age for whom you had effective and permanent care
- Sick leave due to disabilities resulting from injuries or illness acquired or aggravated either while on duty, or by performing an act of dedication in the public interest, or by exposing oneself to save the life of one or more persons.
Reminder
Regardless of your public service (state, territory, hospital), you are entitled to paid sick leave at full treatment for 3 months, then half treatment for 9 months.
You're contractual
Every time you stop work, you are paid from 2e day of sick leave.
Your index treatment, your premiums and allowances are not paid on 1er day of sick leave.
If you get a residence allowanceHowever, this compensation element is not paid to you either.
Alone, the family treatment supplement (FTS) you are paid if you are entitled to it.
However, the waiting day shall not apply in the following cases:
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If you extend your sick leave within 48 hours
The waiting day shall not apply on 2e sick leave, where the return to work between two sick days for the same condition has not exceeded 48 hours.
This is the case:
- When the new work stoppage extends the previous stop and the prescribing physician has ticked the extension box
- Or when you try to resume your duties and find yourself forced to stop again 1 or 2 days later
- Or when you have been unable to see your doctor on a Saturday, Sunday or holiday next to the weekend for reasons beyond your control.
The new judgment is considered to be a relapse and an extension since the cause of the initial judgment has not disappeared.
The 48-hour period, counted in calendar days, starts running from 1er the day following the last day of the initial work stoppage.
For long-term illness (ALD)
The day of absence shall not apply in the case of sick leave granted after a 1er sick leave for a same long-term illness (ALD), during a period of 3 years from 1er sick leave.
Thus, in the case of successive work stoppages linked to the same ALD, the waiting period applies only once during the same period of 3 years from 1er work stoppage related to this ALD.
The 3-year period is calculated from date to date.
If you suffer from different ALD, the waiting period applies, per period of 3 years, for the 1er sick leave generated by each of the ALD.
On specific holidays
The day of absence shall not apply on the following holidays:
- Accident at work Leave for taking or occupational disease
- Sick leave
- Sick leave granted after a declaration of pregnancy and before the start of maternity leave
- Maternity leave and additional leave granted in case of pathological pregnancy
- Sick leave following spontaneous termination of pregnancy (miscarriage) before 22e amenorrhea week
- Sick leave following a medical termination of pregnancy
- 1er sick leave within 13 weeks of the death of your child under 25 years of age or a person under 25 years of age for whom you had effective and permanent care
- Sick leave due to disabilities resulting from injuries or illness acquired or aggravated either while on duty, or by performing an act of dedication in the public interest, or by exposing oneself to save the life of one or more persons.
Your your remuneration is maintained during sick leave under conditions that vary according to your public service of origin (State - EPS, territorial - FPT, hospital - FPH):
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EPF
You can benefit from sick leave paid by your employer administration for 12 consecutive months in the case of continuous work stoppages, or for 300 days in the case of continuous work stoppages, if you have at least 4 months of service.
You receive your entire index treatment during the first 3 months of leave and then half of it during the next 9 months.
If you have to leave your employment for health reasons without being entitled to paid sick leave by your employer's administration, you are placed on unpaid leave.
Whether you are placed on paid sick leave by your employer's administration or on unpaid leave, you are entitled to social security daily allowances if you meet the conditions to take advantage of it.
When you are paid by your employer administration, the daily allowances are deducted from the amount of your index treatment.
Social Security daily allowances are paid from 4e stopping day, i.e. after a waiting period of 3 days.
FPT
You can benefit from sick leave for 12 consecutive months in the case of continuous work stoppages, or for 300 days in the case of continuous work stoppages.
Your sick leave is paid differently depending on your age:
Seniority | Duration of maintenance of index treatment |
|---|---|
After 4 months of service | 1 month full and 1 month half treatment |
After 2 years of service | 2 months at full treatment and 2 months at half treatment |
After 3 years of service | 3 months at full treatment and 3 months at half treatment |
If you have to leave your employment for health reasons without being entitled to paid sick leave by your employer's administration, you are placed on unpaid leave.
Whether you are placed on paid sick leave by your employer's administration or on unpaid leave, you are entitled to social security daily allowances if you meet the conditions to take advantage of it.
When you are paid by your employer administration, the daily allowances are deducted from the amount of your index treatment.
Social Security daily allowances are paid from 4e stopping day, i.e. after a waiting period of 3 days.
FPH
You can benefit from sick leave for 12 consecutive months in the case of continuous work stoppages, or for 300 days in the case of continuous work stoppages.
Your sick leave is paid differently according to your seniority :
Seniority | Duration of maintenance of index treatment |
|---|---|
After 4 months of service | 1 month full and 1 month half treatment |
After 2 years of service | 2 months at full treatment and 2 months at half treatment |
After 3 years of service | 3 months at full treatment and 3 months at half treatment |
If you have to leave your employment for health reasons without being entitled to paid sick leave by your employer's administration, you are placed on unpaid leave.
Whether you are placed on paid sick leave by your employer's administration or on unpaid leave, you are entitled to social security daily allowances if you meet the conditions to take advantage of it.
When you are paid by your employer administration, the daily allowances are deducted from the amount of your index treatment.
Social Security daily allowances are paid from 4e stopping day, i.e. after a waiting period of 3 days.
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