What is ex officio health availability of the incumbent official?

Verified 01 November 2024 - Directorate for Legal and Administrative Information (Prime Minister)

If you are a full-time public servant, you may be automatically placed on medical leave in certain circumstances. While you are available, you may receive replacement income in some cases. We detail the rules applicable to statutory availability for health reasons according to your public service of origin (State - FPE, territorial - FPT, hospital - FPH).

EPF

If you are permanent official, you may be automatically placed on medical leave when you have exhausted your rights to sick leave or long-term sick leave (LSW) or long-term leave (CLD).

You may be placed on medical leave when you are in one of the following situations:

  • Your state of health does not allow you to return to work at the end of the last period of sick, long-term or long-term leave, but the medical council judges that your state of health will evolve favorably
  • Your sick leave entitlements are exhausted and you are awaiting the advice of the medical advice who should determine your situation (return to service, reclassification, lay-off, admission to retirement)
  • You were found unfit for the duties corresponding to your rank at the end of your sick leave and you are awaiting reclassification to a job that is compatible with your state of health.

Reminder

If you are a public servant trainee or contractor, you are placed in unpaid leave when you have exhausted your sick leave entitlements.

Automatic availability for health reasons is granted or renewed for periods of 6 to 12 months up to 3 consecutive years.

However, if at the end of 3e year of availability, you are unable to resume service, but if it is the opinion of the medical council that you should normally be able to resume your duties before the end of a new year, your availability may be renewed.

The administrative authority shall decide whether to grant compulsory lay-off for health reasons and to renew it after consulting the medical advice.

The statutory availability for health reasons is not paid but you can receive a replacement income varies depending on your situation.

Compensation equal to index salary

When you are temporarily placed on compulsory leave pending the opinion of the medical council, you will receive an allowance equal to the amount of the index salary and, if applicable, bonuses and allowances that you received at the end of your last period of sick leave.

You receive this allowance until the date of the decision to return to service, reclassify, lay off or retire.

Per diem

You can collect daily allowances (IJ) on behalf of your employer administration if your statutory availability occurs at the end of a sick leave a year.

As a public servant on medical leave, you cannot be less well compensated by your employer's administration than you would be if you were compensated by Social Security. Under the general social security scheme, the duration of payment of daily allowances may be up to 3 years in the case oflong-term illness (ALD).

Your employer administration therefore asks the social security medical officer whether he recognizes you in ALD and whether you can benefit from daily allowances. His opinion is binding on your administration.

If you are entitled to it, the amount of your daily allowance (DI) is calculated under the conditions laid down in the general social security scheme.

It is equal to half your index treatment and your residence allowance, up to €53.31, to which the family treatment supplement (FTS) in full, if you are entitled to this top-up.

The new index enhancement (NBI) and additional treatment is not taken into account when calculating the amount of your IJ.

Please note

The daily allowance shall be subject in full to the CSG: titleContent at the rate of 6.2% and to the CRDS: titleContent at the rate of 0.5%. It is taxable.

Temporary Disability Allowance (TIA)

If you are not entitled to daily allowances and if you are temporarily disabled reduces your work capacity by at least 2/3, you can perceivetemporary invalidity allowance (TIA).

Unemployment benefits

If you are not entitled to daily allowances or temporary invalidity allowance (TIA), you can receive unemployment benefits.

The availability period is not a period of actual service.

It shall not be taken into account for advancement in step and grade.

If you have received unemployment benefits, it may be taken into account, subject to conditions, by the Social Security Pension Insurance.

At the end of the last period of availability, your situation is subject to the opinion of the medical council and depends on your physical fitness.

Répondez aux questions successives et les réponses s’afficheront automatiquement

You are fit to resume your previous duties

You are reinstated on a job that matches your rank.

Your workstation can be adapted to your health if necessary.

If you turn down 3 job offers in turn, you can be dismissed after the HEADING: titleContent.

You are unfit to resume your former duties

You can benefit from a period of preparation for reclassification or be directly reclassified to a job that is compatible with your health.

If you are found to be permanently unfit for employment, you can be laid off disability pension no matter your age and no matter how many quarters of pension insurance you have.

FPT

If you are permanent official, you may be automatically placed on medical leave when you have exhausted your rights to sick leave or long-term sick leave (LSW) or long-term leave (CLD).

You may be placed on medical leave when you are in one of the following situations:

  • Your state of health does not allow you to return to work at the end of the last period of sick, long-term or long-term leave, but the medical council judges that your state of health will evolve favorably
  • Your sick leave entitlements are exhausted and you are awaiting the advice of the medical advice who should determine your situation (return to service, reclassification, lay-off, admission to retirement)
  • You were found unfit for the duties corresponding to your rank at the end of your sick leave and you are awaiting reclassification to a job that is compatible with your state of health.

Reminder

If you're an official trainee or contractor, you are placed in unpaid leave when you have exhausted your sick leave entitlements.

The duration of statutory availability for health reasons is up to one year. It can be renewed twice for the same duration.

If, at the end of 3e  year of availability, you are unable to resume service, but if it is the opinion of the medical council that you should normally be able to resume your duties or be reclassified before the end of a new year, your availability may be renewed on a 3e times.

The administrative authority shall decide whether to grant compulsory lay-off for health reasons and to renew it after consulting the medical advice.

Statutory availability for health reasons is not paid, but you may receive a variable replacement income depending on your situation.

Maintenance of half-treatment

If you are placed on involuntary leave pending the opinion of the medical council, you continue to receive your half-salary until the date of the decision to return to service, reclassification, lay-off or admission to retirement.

This maintenance of remuneration pending the opinion of the medical council shall not apply to premiums and allowances.

Per diem

You can collect daily allowances (IJ) on behalf of your employer administration if your statutory availability occurs at the end of a sick leave a year.

As a public servant on medical leave, you cannot be less well compensated by your employer's administration than you would be if you were compensated by Social Security. Under the general social security scheme, the duration of payment of daily allowances may be up to 3 years in the case oflong-term illness (ALD).

Your employer administration therefore asks the social security medical officer whether he recognizes you in ALD and whether you can benefit from daily allowances. His opinion is binding on your administration.

If you are entitled to it, the amount of your daily allowance (DI) is calculated under the conditions laid down in the general social security scheme.

It is equal to half your index treatment and your residence allowance, up to €53.31, to which the family treatment supplement (FTS) in full, if you are entitled to this top-up.

The new index enhancement (NBI) and additional treatment is not taken into account when calculating the amount of your IJ.

Please note

The daily allowance shall be subject in full to the CSG: titleContent at the rate of 6.2% and to the CRDS: titleContent at the rate of 0.5%. It is taxable.

Temporary Disability Allowance (TIA)

If you are not entitled to daily allowances and if you are temporarily disabled reduces your work capacity by at least 2/3, you can perceivetemporary invalidity allowance (TIA).

Unemployment benefits

If you are not entitled to daily allowances or temporary invalidity allowance (TIA), you can receive unemployment benefits.

The availability period is not a period of actual service.

It shall not be taken into account for advancement in step and grade.

If you have received unemployment benefits, it may be taken into account, subject to conditions, by the Social Security Pension Insurance.

At the end of the last period of availability, your situation is subject to the opinion of the medical council and depends on your physical fitness.

Répondez aux questions successives et les réponses s’afficheront automatiquement

You are fit to resume your previous duties

You are reinstated on a job that matches your rank.

Your workstation can be adapted to your health if necessary.

If you turn down 3 job offers in turn, you can be dismissed after the HEADING: titleContent.

You are unfit to resume your former duties

You can benefit from a period of preparation for reclassification or be directly reclassified to a job that is compatible with your health.

If you are found to be permanently unfit for employment, you can be laid off disability pension no matter your age and no matter how many quarters of pension insurance you have.

FPH

If you are permanent official, you may be automatically placed on medical leave when you have exhausted your rights to sick leave or long-term sick leave (LSW) or long-term leave (CLD).

You may be placed on medical leave when you are in one of the following situations:

  • Your state of health does not allow you to return to work at the end of the last period of sick, long-term or long-term leave, but the medical council judges that your state of health will evolve favorably
  • Your sick leave entitlements are exhausted and you are awaiting the advice of the medical advice who should determine your situation (return to service, reclassification, lay-off, admission to retirement)
  • You were found unfit for the duties corresponding to your rank at the end of your sick leave and you are awaiting reclassification to a job that is compatible with your state of health.

Reminder

If you are a probationary or contract civil servant, you are placed on unpaid leave when you have exhausted your sick leave entitlements.

Automatic availability for health reasons is granted or renewed for periods of 6 to 12 months up to 3 consecutive years.

However, if at the end of 3e year of availability, you are unable to resume service, but if it is the opinion of the medical council that you should normally be able to resume your duties before the end of a new year, your availability may be renewed.

The administrative authority shall decide whether to grant compulsory lay-off for health reasons and to renew it after consulting the medical advice.

Statutory availability for health reasons is not paid, but you may receive a variable replacement income depending on your situation.

Maintenance of half-treatment

If you are placed on involuntary leave pending the opinion of the medical council, you continue to receive your half-salary until the date of the decision to return to service, reclassification, lay-off or admission to retirement.

This maintenance of remuneration pending the opinion of the medical council shall not apply to premiums and allowances.

Per diem

You can collect daily allowances (IJ) on behalf of your employer administration if your statutory availability occurs at the end of a sick leave a year.

As a public servant on medical leave, you cannot be less well compensated by your employer's administration than you would be if you were compensated by Social Security. Under the general social security scheme, the duration of payment of daily allowances may be up to 3 years in the case oflong-term illness (ALD).

Your employer administration therefore asks the social security medical officer whether he recognizes you in ALD and whether you can benefit from daily allowances. His opinion is binding on your administration.

If you are entitled to it, the amount of your daily allowance (DI) is calculated under the conditions laid down in the general social security scheme.

It is equal to half your index treatment and your residence allowance, up to €53.31, to which the family treatment supplement (FTS) in full, if you are entitled to this top-up.

The new index enhancement (NBI) and additional treatment is not taken into account when calculating the amount of your IJ.

Please note

The daily allowance shall be subject in full to the CSG: titleContent at the rate of 6.2% and to the CRDS: titleContent at the rate of 0.5%. It is taxable.

Temporary Disability Allowance (TIA)

If you are not entitled to daily allowances and if you are temporarily disabled reduces your work capacity by at least 2/3, you can perceivetemporary invalidity allowance (TIA).

Unemployment benefits

If you are not entitled to daily allowances or temporary invalidity allowance (TIA), you can receive unemployment benefits.

The availability period is not a period of actual service.

It shall not be taken into account for advancement in step and grade.

If you have received unemployment benefits, it may be taken into account, subject to conditions, by the Social Security Pension Insurance.

At the end of the last period of availability, your situation is subject to the opinion of the medical council and depends on your physical fitness.

Répondez aux questions successives et les réponses s’afficheront automatiquement

You are fit to resume your previous duties

You are reinstated on a job that matches your rank.

Your workstation can be adapted to your health if necessary.

If you turn down 3 job offers in turn, you can be dismissed after the HEADING: titleContent.

You are unfit to resume your former duties

You can benefit from a period of preparation for reclassification or be directly reclassified to a job that is compatible with your health.

If you are found to be permanently unfit for employment, you can be laid off disability pension no matter your age and no matter how many quarters of pension insurance you have.