Employee long-term sick leave (LSW)
Verified 01 September 2024 - Directorate for Legal and Administrative Information (Prime Minister)
As a public servant, you may be placed on long-term sick leave (LSW) if you suffer from a disabling illness that requires prolonged treatment and care. We present the rules applicable to this leave according to your public service of origin (State - FPE, territorial - FPR, hospital - FPH).
EPF
If you are in activity or secondment, you can apply to be placed on long-term sick leave (LSW).
To do this, you must have a disease that:
- Puts you in the impossibility of exercising your duties
- Makes a treatment and long-term care
- And presents a disabling character and confirmed severity.
You can be placed in CLM, whether you are a public servant or a trainee.
The diseases giving rise to the right to MLC are fixed by decree. However, this list is not limiting step : CLM may be granted for other diseases following the advice of the medical advice.
FYI
Your CLM implementation may also be involved at the request of your employer administration if, on the basis of a certificate from the occupational doctor or a report from your superiors, your state of health could justify your leave of absence.
CLM duration is Maximum 3 years.
CLM can be used from continuous or discontinuous.
CLM is granted or renewed by periods of 3 to 6 months.
If you have obtained a CLM of 3 years, you can only benefit from a new CLM if you have taken over your duties for at least 1 year.
First request
You must send your employer administration a request for CLM, accompanied by a medical certificate from your treating physician.
Your CLM is pronounced after opinion of the medical council.
Your treating physician addresses the Secretariat of the medical advice a summary of their observations and any supporting documentation.
Procedure for investigation by the medical council
During the investigation of your file, the medical council can use expertise of a licensed medical practitioner.
An approved doctor is a general practitioner or specialist on a list drawn up in each department by the prefect on a proposal from the Regional Health Agency, after consulting the Departmental Council of the Medical Association. One of the roles of a licensed medical practitioner is to conduct counter-visits and expert examinations.
At least 10 working days before the date of the medical council meeting, the medical council secretariat informs you of this date and of your following rights:
- Consult your file
- Provide written submissions and medical certificates
- Be accompanied or represented, if desired, by a person of your choice at all stages of the procedure.
The Medical Council Secretariat will also inform you of the possible avenues of challenge before the higher medical council.
You and your employer administration can have the doctor of your choice heard by the medical council.
The medical council may ask to hear you if it deems it useful.
The working doctor of your administration is informed of the meeting of the medical council. They can ask for your medical records and can make written submissions or attend the meeting without voting.
The medical council sends its opinion to you and also to your administration.
If you request a CLM during a sick leave, the start date of your CLM is the date of 1re medical assessment of your disease. Your sick leave is reclassified as CLM.
Request for renewal
During your 1re CLM year (paid at full pay), the renewal of your CLM is pronounced at your request without reference to the medical council.
You must submit an application accompanied by a medical certificate from your doctor stating that the leave initially granted must be extended and specifying the duration of this extension.
When you ask for the extending your CLM beyond one year, i.e. beyond the period of full pay, the extension of your CLM is decided after the advice of the medical council.
Your administration should be examined by an accredited doctor at least once a year. If you refuse to submit to these examinations, your remuneration is no longer paid.
If you or your employer authority disagrees with the medical officer's opinion, you may enter the medical advice.
The different elements of remuneration are paid to you under the following conditions:
Compensation Elements | Conditions for payment |
|---|---|
100% for 1 year, then 60% the next 2 years | |
100% for the duration of CLM | |
100% for the duration of CLM | |
100% for 1 year, then 60% the next 2 years until you are replaced | |
Premiums and allowances | 33% for 1 year, then 60% the next 2 years |
If you are placed in CLM as a result of a request made during a sick leave However, you shall retain the premiums and allowances paid to you during your sick leave.
These premiums and allowances are not cumulative with those due to you during your long sick leave.
FYI
The fees and other medical expenses resulting from examinations requested by your administration, the fees of a licensed medical practitioner and any transportation expenses to you to these examinations are supported by your administration. Transport costs shall be reimbursed on presentation of supporting documents enabling them to be verified as necessary and in connection with the medical examinations carried out.
Time spent on long sick leave is ineffective on your rights to advancement (step and grade) and internal promotion.
It is also no effect on your retirement.
Time spent on long-term sick leave does not reduce your entitlement to other leave, including:
- Annual leave
- Leave of absence motherhood oradoption
- 3-day leave for birth or adoption
- Paternity and childcare leave
- Vocational training leave
- Family Solidarity Leave
- Caregiver leave
- Leave for validation of experience
- Skills Check Leave
- Leave for union training
- Representation leave of an association
- Citizenship leave.
Reminder
If you are unable to take vacation leave because of long-term sick leave, some of your vacation leave may be postponed.
Periods of long-term sick leave do not give you not entitled to RTT.
If you are a probationary officer, long-term sick leave extends duration of your internship.
You can request a training or a skills assessment or to engage in an activity that promotes your rehabilitation or retraining. Your request is subject to the favorable opinion of the medical council.
During your long sick leave, you must meet the following obligations:
- Cease all paid work (except medically ordered and supervised activities for your rehabilitation to employment)
- Inform your administration of any change of residence
- Inform your administration of any absence from your home of more than 2 weeks (except in case of hospitalization) and indicate your dates and places of stay
- You must undergo the check-ups prescribed by the approved doctor or medical council.
In the event of non-compliance with these obligations, your remuneration is no longer paid until you meet the relevant obligation.
The time during which the payment of the remuneration is interrupted shall count towards the period of long-term sick leave.
Resumption of duties or incapacity
To be able to resume your duties at the end of your CLM, you must provide a medical certificate of fitness for return.
When you have been in CLM for the maximum period of 3 years, your return to duties is subject to the favorable opinion of the medical council.
The same applies if you are performing duties that require special health conditions or if you have been placed in CLM at the request of your administration.
Répondez aux questions successives et les réponses s’afficheront automatiquement
You are fit to resume your previous duties
You're back in business.
Your workstation can be adapted to your health if necessary.
In case of refusal of proposed post(s) if there is no valid reason relating to your state of health, you may be dismissed after obtaining the opinion of the Joint Administrative Commission.
You are unfit to resume your former duties
Your situation varies depending on whether you are a full-time public servant or a trainee.
You're incumbent
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, 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 employment, you can be laid off disability pension no matter your age and no matter how many quarters of pension insurance you have.
During the entire procedure before the medical council, you are provisionally placed on compulsory medical leave.
During this period of provisional automatic availability, you receive compensation equal to the amount of the index salary and, possibly, bonuses and allowances that you received at the end of the last period of long-term sick leave.
This allowance is paid to you until the date of the decision to return to service, to reclassify, to lay off or to retire.
When the medical council's instruction of your file requires the expertise of a licensed medical practitioner, you must undergo this medical examination. In the event of your refusal, the compensation shall cease to be paid to you.
If the medical council proposes that you be placed on medical leave, the compensation that was paid to you during the period of investigation of your file remains vested.
In the event of resumption of service, if you reject the proposed position(s) if there is no valid reason relating to your state of health, you may be dismissed after obtaining the opinion of the Joint Administrative Commission.
You're an intern
If your health does not allow you to return to work, you can be placed in unpaid leave during a period ofup to one year if the medical council deems that your health will develop favorably.
Such unpaid leave may be renewed 2 times.
Leave without pay and its renewal shall be granted after consulting the medical council, if you are a permanent official.
If you are declared permanently unfit at the end of any employment, long-term sick leave or unpaid leave, you are licensee.
If you were seconded for an internship and hold another grade, your secondment for traineeship is terminated and you are made available to your home administration.
In your home administration, your situation is examined in accordance with the rules applicable to the permanent official.
Long-term leave (CLD)
If you have a medical condition that may lead to long-term leave (CLD), you can request to be placed in CLD, at the end of your 1re full-salary CLM year.
FPT
If you are in activity or secondment, you can apply to be placed on long-term sick leave (LSW).
To do this, you must have a disease that:
- Puts you in the impossibility of exercising your duties
- Makes a treatment and long-term care
- And presents a disabling character and confirmed severity.
You can be placed in CLM, whether you are a public servant or a trainee.
The diseases giving rise to the right to MLC are fixed by decree. However, this list is not limiting step : CLM may be granted for other diseases following the advice of the medical advice.
FYI
Your CLM implementation may also be involved at the request of your employer administration if, on the basis of a certificate from the occupational doctor or a report from your superiors, your state of health could justify your leave of absence.
CLM duration is Maximum 3 years.
CLM can be used from continuous or discontinuous.
CLM is granted or renewed by periods of 3 to 6 months.
If you have obtained a CLM of 3 years, you can only benefit from a new CLM if you have taken over your duties for at least 1 year.
First request
You must send your employer administration a request for CLM, accompanied by a medical certificate from your treating physician.
Your CLM is pronounced after opinion of the medical council.
Your treating physician addresses the Secretariat of the medical advice a summary of their observations and any supporting documentation.
Procedure for investigation by the medical council
During the investigation of your file, the medical council can call on the expertise of a licensed doctor.
An approved doctor is a general practitioner or specialist on a list drawn up in each department by the prefect on a proposal from the Regional Health Agency, after consulting the Departmental Council of the Medical Association. One of the roles of a licensed medical practitioner is to conduct counter-visits and expert examinations.
At least 10 working days before the date of the medical council meeting, the medical council secretariat informs you of this date and of your following rights:
- Consult your file
- Provide written submissions and medical certificates
- Be accompanied or represented, if desired, by a person of your choice at all stages of the procedure.
The Medical Council Secretariat will also inform you of the possible avenues of challenge before the higher medical council.
You and your employer administration can have the doctor of your choice heard by the medical council.
The medical council may ask to hear you if it deems it useful.
The working doctor of your administration is informed of the meeting of the medical council. They can ask for your medical records and can make written submissions or attend the meeting without voting.
The medical council sends its opinion to you and also to your administration.
If you request a CLM during a sick leave, the start date of your CLM is the date of 1re medical assessment of your disease. Your sick leave is reclassified as CLM.
Request for renewal
During your 1re CLM year (paid at full pay), the renewal of your CLM is pronounced at your request without reference to the medical council.
You must submit an application accompanied by a medical certificate from your doctor stating that the leave initially granted must be extended and specifying the duration of this extension.
When you ask for the extending your CLM beyond one year, i.e. beyond the period of full pay, the extension of your CLM is decided after the advice of the medical council.
Your administration should be examined by an accredited doctor at least once a year. If you refuse to submit to these examinations, your remuneration is no longer paid.
If you or your employer authority disagrees with the medical officer's opinion, you may enter the medical advice.
The different elements of remuneration are paid to you under the following conditions:
Compensation Elements | Payment condition |
|---|---|
100% for 1 year, then 50% the next 2 years | |
100% for the duration of CLM | |
100% for the duration of CLM | |
100% for 1 year, then 50% the next 2 years until you are replaced | |
Premiums and allowances | The conditions for suspending or maintaining premiums shall be determined by deliberation |
FYI
The fees and other medical expenses resulting from examinations requested by your administration, the fees of a licensed medical practitioner and any transportation expenses to you to these examinations are supported by your administration. Transport costs shall be reimbursed on presentation of supporting documents enabling them to be verified as necessary and in connection with the medical examinations carried out.
Time spent on long sick leave is ineffective on your rights to advancement (step and grade) and internal promotion.
It is also no effect on your retirement.
Time spent on long-term sick leave does not reduce your entitlement to other leave, including:
- Annual leave
- Leave of absence motherhood oradoption
- 3-day leave for birth or adoption
- Paternity and childcare leave
- Vocational training leave
- Family Solidarity Leave
- Caregiver leave
- Leave for validation of experience
- Skills Check Leave
- Leave for union training
- Representation leave of an association
- Citizenship leave.
Reminder
If you are unable to take vacation leave because of long-term sick leave, some of your vacation leave may be postponed.
Periods of long-term sick leave do not give you not entitled to RTT.
If you are a probationary public servant, long-term sick leave extends the duration of your internship.
You can request a training or a skills assessment or to engage in an activity that promotes your rehabilitation or retraining. Your request is subject to the favorable opinion of the medical council.
During your long sick leave, you must meet the following obligations:
- Cease all paid work (except medically ordered and supervised activities for your rehabilitation to employment)
- Inform your administration of any change of residence
- Inform your administration of any absence from your home of more than 2 weeks (except in case of hospitalization) and indicate your dates and places of stay
- You must undergo the check-ups prescribed by the approved doctor or medical council.
In the event of non-compliance with these obligations, your remuneration is no longer paid until you meet the relevant obligation.
The time during which the payment of the remuneration is interrupted shall count towards the period of long-term sick leave.
Resumption of duties or incapacity
To be able to resume your duties at the end of your CLM, you must provide a medical certificate of fitness for return.
When you have been in CLM for the maximum period of 3 years, your return to duties is subject to theThe favorable opinion of the Medical Council.
The same applies if you are performing duties that require special health conditions or if you have been placed in CLM at the request of your administration.
Répondez aux questions successives et les réponses s’afficheront automatiquement
You are fit to resume your previous duties
You're back in business.
Your workstation can be adapted to your health if necessary.
During the entire procedure before the medical council, you continue to receive your half-treatment until the date of the decision to resume service.
In case of refusal of the proposed post if there is no valid reason relating to your state of health, you may be dismissed after obtaining the opinion of the Joint Administrative Commission.
You are unfit to resume your former duties
Your situation varies depending on whether you are a public servant or a trainee:
You're incumbent
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, 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 employment, you can be laid off disability pension no matter your age and no matter how many quarters of pension insurance you have.
During the entire procedure before the medical council, you continue to receive your half-treatment until the date of the decision to return to service, to reclassify, to lay off or to retire
In case of refusal of the proposed post if there is no valid reason relating to your state of health, you may be dismissed after obtaining the opinion of the Joint Administrative Commission.
You're an intern
If your health does not allow you to return to work, you can be placed in unpaid leave during a period ofone year maximum renewable once.
Your leave may be renewed a 2e time for a maximum of one year if the medical council deems that your health may develop favorably during this additional period of one year.
Leave without pay and its renewal shall be granted after consulting the medical council.
If you are declared permanently unfit at the end of any employment, long-term sick leave or unpaid leave, you are licensee.
If you were seconded for an internship and hold another grade, your secondment for traineeship is terminated and you are made available to your home administration.
In your home administration, your situation is examined in accordance with the rules applicable to the permanent official.
Long-term leave (CLD)
If you have a medical condition that may lead to long-term leave (CLD), you can request to be placed in CLD, at the end of your 1re full-salary CLM year.
FPH
If you are in activity or secondment, you can apply to be placed on long-term sick leave (LSW).
To do this, you must have a disease that:
- Puts you in the impossibility of exercising your duties
- Makes a treatment and long-term care
- And presents a disabling character and confirmed severity.
You can be placed in CLM, whether you are a public servant or a trainee.
The diseases giving rise to the right to MLC are fixed by decree. However, this list is not limiting step : CLM may be granted for other diseases following the advice of the medical advice.
FYI
Your CLM implementation may also be involved at the request of your employer administration if, on the basis of a certificate from the occupational doctor or a report from your superiors, your state of health could justify your leave of absence.
CLM duration is Maximum 3 years.
CLM can be used from continuous or discontinuous.
CLM is granted or renewed by periods of 3 to 6 months.
If you have obtained a CLM of 3 years, you can only benefit from a new CLM if you have taken over your duties for at least 1 year.
First request
You must send your employer administration a request for CLM, accompanied by a medical certificate from your treating physician.
Your CLM is pronounced on opinion of the medical council.
Your treating physician addresses the Secretariat of the medical advice a summary of their observations and any supporting documentation.
Procedure for investigation by the medical council
During the investigation of your file, the medical council can call on the expertise of a licensed doctor.
An approved doctor is a general practitioner or specialist on a list drawn up in each department by the prefect on a proposal from the Regional Health Agency, after consulting the Departmental Council of the Medical Association. One of the roles of a licensed medical practitioner is to conduct counter-visits and expert examinations.
At least 10 working days before the date of the medical council meeting, the medical council secretariat informs you of this date and of your following rights:
- Consult your file
- Provide written submissions and medical certificates
- Be accompanied or represented, if desired, by a person of your choice at all stages of the procedure
The Medical Council Secretariat will also inform you of the possible avenues of challenge before the higher medical council.
You and your employer administration can have the doctor of your choice heard by the medical council.
The medical council may ask to hear you if it deems it useful.
The working doctor of your administration is informed of the meeting of the medical council. They can ask for your medical records and can make written submissions or attend the meeting without voting.
The medical council sends its opinion to you and also to your administration.
If you request a CLM during a sick leave, the start date of your CLM is the date of 1re medical assessment of your disease. Your sick leave is reclassified as CLM.
Request for renewal
During your 1re CLM year (paid at full pay), the renewal of your CLM, is pronounced at your request without reference to the medical council.
You must submit an application accompanied by a medical certificate from your doctor stating that the leave initially granted must be extended and specifying the duration of this extension.
When you ask for the extending your CLM beyond one year, i.e. beyond the period of full pay, the extension of your CLM is decided after the advice of the medical council.
Your administration should be examined by an accredited doctor at least once a year. If you refuse to submit to these examinations, your remuneration is no longer paid.
If you or your employer authority disagrees with the medical officer's opinion, you may enter the medical advice.
The different elements of remuneration are paid to you under the following conditions:
Compensation Elements | Conditions for payment |
|---|---|
100% for 1 year, then 50% the next 2 years | |
100% for the duration of CLM | |
100% for the duration of CLM | |
100% for 1 year, then 50% the next 2 years until you are replaced | |
Premiums and allowances | Special hardship allowance (ISS): 100% for 1 year, then 50% the next 2 years |
FYI
The fees and other medical expenses resulting from examinations requested by your administration, the fees of a licensed medical practitioner and any transportation expenses to you to these examinations are supported by your administration. Transport costs shall be reimbursed on presentation of supporting documents enabling them to be verified as necessary and in connection with the medical examinations carried out.
Time spent on long sick leave is ineffective on your rights to advancement (step and grade) and internal promotion.
It is also no effect on your retirement.
Time spent on long-term sick leave does not reduce your entitlement to other leave, including:
- Annual leave
- Leave of absence motherhood oradoption
- 3-day leave for birth or adoption
- Paternity and childcare leave
- Vocational training leave
- Family Solidarity Leave
- Caregiver leave
- Leave for validation of experience
- Skills Check Leave
- Leave for union training
- Representation leave of an association
- Citizenship leave.
Reminder
If you are unable to take vacation leave because of long-term sick leave, some of your vacation leave may be postponed.
Periods of long-term sick leave do not give you not entitled to RTT.
If you are a probationary public servant, long-term sick leave extends the duration of your internship.
You can request a training or a skills assessment or to engage in an activity that promotes your rehabilitation or retraining. Your request is subject to the favorable opinion of the medical council.
During your long sick leave, you must meet the following obligations:
- Cease all paid work (except medically ordered and supervised activities for your rehabilitation to employment)
- Inform your administration of any change of residence
- Inform your administration of any absence from your home of more than 2 weeks (except in case of hospitalization) and indicate your dates and places of stay
- You must undergo the check-ups prescribed by the approved doctor or medical council.
In the event of non-compliance with these obligations, your remuneration is no longer paid until you meet the relevant obligation.
The time during which the payment of the remuneration is interrupted shall count towards the period of long-term sick leave.
Resumption of duties or incapacity
To be able to resume your duties at the end of your CLM, you must provide a medical certificate of fitness for return.
When you have been in CLM for the maximum period of 3 years, your return to duties is subject to thefavorable opinion of the medical council.
The same applies if you are performing duties that require special health conditions or if you have been placed in CLM at the request of your administration.
Répondez aux questions successives et les réponses s’afficheront automatiquement
You are fit to resume your previous duties
You're back in business.
Your workstation can be adapted to your health if necessary.
You are unfit to resume your former duties
Your situation varies depending on whether you are a public servant or a trainee:
You're incumbent
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, 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 employment, you can be laid off disability pension no matter your age and no matter how many quarters of pension insurance you have.
During the entire procedure before the medical council, you continue to receive your half-treatment until the date of the decision to return to service, to reclassify, to lay off or to retire
You're an intern
If your health does not allow you to return to work, you can be placed in unpaid leave during a period ofa maximum of one year renewable twice.
If the medical council deems that your state of health can develop favorably during the 4e year, your unpaid leave can be renewed for a 3e times.
Leave without pay and its renewal shall be granted after consulting the medical council.
If you are declared permanently unfit at the end of any employment, long-term sick leave or unpaid leave, you are licensee.
If you were seconded for an internship and hold another grade, your secondment for traineeship is terminated and you are made available to your home administration.
In your home administration, your situation is examined in accordance with the rules applicable to the permanent official.
Long-term leave (CLD)
If you have a medical condition that may lead to long-term leave (CLD), you can request to be placed in CLD, at the end of your 1re full-salary CLM year.
Articles L115-2, L115-3
FAQ
Ministry of Public Service