Availability of the official

Verified 01 January 2025 - Directorate for Legal and Administrative Information (Prime Minister)

Your situation

  • You are a public servant
  • You are requesting availability to create or resume a company
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If you are permanent official, you can request availability for the following reasons.

FYI  

  • If you are a probationary public servant, you are not entitled to take an availability.
  • If you are contractual, you may be granted unpaid leave for reasons similar to those which allow a regular official to be made available.

You can request availability to create or resume a company.

The proposed activity must be compatible with your functions in the previous 3 years.

FYI  

If you are subject to a commitment to serve in the public service for a minimum period of time, you must have a minimum period of service.

This minimum length of service is set at 4 years since your tenure in the corps for which you made this commitment to serve.

How long is the availability for company creation or recovery?

Availability to create or take over a company is granted for up to 2 years.

No text sets a minimum duration.

Warning  

Accumulation of availability for company creation or takeover with availability for personal convenience cannot exceed 5 years if it is 1re period of availability.

How do I request availability for company creation or takeover?

You must request your lay-off by mail.

A template is available:

Request for the lay-off of an official

It is recommended to make the request by registered letter with acknowledgement of receipt.

There is no text setting out the time limit within which you must submit your request in advance.

You must include with your application the documents justifying the situation that allows you to benefit from availability.

Your employer authority can only object to your request for lay-off because of the service requirements or, where appropriate, an opinion delivered by the High Authority for the Transparency of Public Life.

However, it may require you to respect a period of notice of 3 months before leaving on leave.

If your administration does not reply to your request for lay-off within 2 months of the date of receipt of your request, it shall be deemed to have been accepted.

You must justify at any time that your situation corresponds to the reasons for which you were granted availability.

The administration may carry out investigations.

Is availability for company creation or takeover remunerated?

You are no longer paid by your employer's administration for the duration of your availability.

What are the effects of availability for creation or takeover of a company on a career?

Progress

If you are or have been on standby to create or resume a company since september 7, 2018, you shall retain your rights to advancement in step and grade during your availability.

If you were on standby to create or resume a company before September 7, 2018, your standby periods were not considered for advancement.

In order to retain your rights to advancement in step and grade, you must provide your administration with proof of registration of your activity in the national company register, or in theUrssafUrssaf : Union for the recovery of social security contributions and family allowances.

If the advancement in your rank is subject to the prior occupation of certain jobs or functions, your period of service may be taken into account to fulfill this condition.

Your business must be comparable to those jobs and functions in terms of the nature of the business or the level of responsibility exercised.

It's the special status your body which defines the conditions under which this professional activity can be taken into account.

Leave

While you are available, you can no longer take the following holidays:

  • Annual leave and enhanced leave
  • Regular, long-term or long-term sick leave
  • Leave for temporary invalidity attributable to service (Citis)
  • Maternity or adoption leave
  • Leave for birth or adoption
  • Paternity and childcare leave
  • Vocational training leave
  • Leave for validation of professional experience
  • Skills Check Leave
  • Family Solidarity Leave
  • Caregiver leave
  • Leave for union training
  • Parental leave.
Social protection

You are covered by the social protection scheme of your professional activity.

Retirement

Your periods of availability are not taken into account for your public servant retirement.

But you get pension rights from the pension plan that you operate under.

How is the official reinstated when he or she becomes available for company creation or takeover?

At least 3 months before the end of your current availability period, you must request renewal of your availability or your reintegration into your original body.

If you are seeking reinstatement and your duties require special health conditions, your reinstatement is subject to a medical fitness check by a licensed medical practitioner and, if necessary, by the medical advice.

Your reintegration is by right, i.e. your administration cannot refuse it if you meet the following conditions:

  • Your duties require special health conditions and you are fit.
  • You have respected during your availability obligations which are binding on a staff member even outside the service

Your reinstatement conditions vary depending on whether you are fit to perform your duties:

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Fitness for resumption of duties

You must be reinstated to one of the first 3 vacancies corresponding to your grade.

If you apply for early reinstatement before the date on which your availability was originally scheduled to end, you shall be kept on standby until your reinstatement at one of the first three vacancies corresponding to your grade.

If you turn down 3 job offers in turn, you can be dismissed after the HEADINGHEADING : Joint Administrative Commission.

If you are kept on leave because there is no vacant job, you are considered to be involuntarily deprived of employment until your reintegration, provided that you have requested your reintegration at least 3 months in advance.

If you have not applied for reinstatement at least 3 months in advance, you are not considered to be involuntarily unemployed until 3 months after the date of your application for reinstatement.

Inability to resume duties

If you are unfit to resume your previous duties, you are reclassified on a job adapted to your state of health or office availability or, in the event of permanent incapacity for the performance of any duties, retired.