Provision of a public official

What is the provision?

The availability allows you to work with another employer than your administration while remaining attached to your employer administration with respect to your career and your remuneration.

Who can be made available?

You can be made available if you are permanent official.

You must be in activity position.

If you are probationary official, you may not be made available unless you are a field guard or municipal police officer trainee.

Which employers can we make available to?

You can be placed at the disposal of one of the following administrations or organizations:

• Government Administration or Public Institution
• Other community or other territorial public establishment
• Public health institution
• A public or private body contributing to the implementation of a public policy, to carry out public service tasks
• Public interest grouping
• Institution of the European Union
• International Intergovernmental Organization
• State foreigner, a public body within that State or a federated State, provided that you maintain a functional link with your home administration through your missions
• Higher Council of the Territorial Civil Service
• Foundation, association recognized as being of public utility, work or body of general interest having a philanthropic, educational, scientific, social, humanitarian, sporting, family, cultural or other character contributing to the promotion of the artistic heritage, the defense of the natural environment or the dissemination of French culture, language and scientific knowledge (in the framework of a patronage of competences, from 29 december 2022 to 28 december 2027, if you are an agent of a commune of more than 3,500 inhabitants, a department, a region or a EPCIEPCI : Public institution for inter-municipal cooperation own taxation)

How is the delivery going?

You can be made available to one or more organizations, for all or part of your service time.

You may be made available to another community or territorial institution on a non-full-time employment.

The making available can only take place with your consent and only after the deliberative assembly of your community or your home institution has been informed.

The making available shall give rise to a supply agreement between your home administration and the host organization, and then to a supply order.

The delivery order indicates the organization(s) with which you perform your service and the duration of your work within each organization.

You continue to benefit from your membership jobs by increments and possibly grade and internal promotion.

If you are made available to a foundation, an association recognized as being in the public interest or a work or body of general interest in the context of a patronage arrangement, your employer administration examines the compatibility of the proposed activity within the host organization with your functions over the last 3 years.

What is the content of the release agreement?

The agreement between your home administration and the host organization shall cover the following:

• Nature of your activities in the host organization
• Conditions of employment (including place and duration of work)
• Conditions for monitoring and evaluating your activities

If you are placed at the disposal of a public or private body contributing to the implementation of a public policy, the contract for making available specifies the public service tasks entrusted to you.

All alteration of one of the constituent elements of the Convention is the subject of a agreeable to the convention, and then to a new decree.

The agreement, and possibly its amendments, are sent to you before signature so that you give your agreement on the nature of the activities entrusted to you and on your conditions of employment.

If you are made available to multiple agencies, an agreement shall be concluded between your home administration and each host organization.

How long is the availability?

The period of availability shall be fixed in the decree pronouncing it.

The making available may be ordered for a maximum duration of 3 years.

It may be renewed for periods of up to 3 years.

If you are made available to a local authority or public establishment and your making available continues beyond 3 years, you are offered to be mutated, detached or directly integrated in your host administration or institution if the following conditions are met:

• You are available for the your entire service
• There is a job framework comparable to your original job framework in your host administration or institution

If you accept this proposal for transfer, secondment or direct integration, you will continue to perform the same functions.

If you are seconded, the length of service completed during your secondment shall be taken into account in calculating the 5 years of secondment at the end of which your host administration or establishment must offer you integration into your host employment framework.

If you are placed at the disposal of a foundation, an association recognized as being of public interest or a work or body of general interest in the context of a patronage of competences, your placement is made available for a maximum period 18 months, renewable for a total period of 3 years.  Your provision cannot go beyond that of 28 December 2027.

How are you paid during the provision?

While you are being made available, you continue to be paid by your home administration.

You can collect a additional remuneration by your host organization, in accordance with the rules applicable to the staff of that organization. Your agreement for making available specifies, if applicable, the nature of this additional remuneration.

You can also be compensated by your host organization, charges and subjects to which you are subject in the course of your duties in accordance with the rules in force in that organization.

What are the working conditions during availability?

You are subject to the rules of organization and operation of your reception service.

You benefit from an annual professional interview with your direct supervisor in your host administration or organization.

This interview results in a report which is transmitted to you.

You can comment on that.

If you are made available to more than one employer, a job interview takes place in each host administration or organization.

The reports are sent to your home community and are taken into account for the assessment of your professional value.

What leave do you get?

You are entitled to the same leave as if you were practicing in your home administration.

It's your host administration or agency who grants you annual leave (and subsidized if you are entitled) and your sick leave.

If you are made available to several administrations or organizations, this is your administration of origin which grants you this leave with the agreement of the host authorities or bodies.

In the event of disagreement between these authorities or bodies, your home administration grants you annual leave and sick leave based on the choice of the organization that employs you the longest.

If you are employed by two or more administrations or host organizations for the same period, you are granted leave by your home administration and the decision is binding on them.

However, if you are made available for less than or equal to half-time, your annual leave and sick leave will be granted by your home administration.

If you are placed at the disposal of a public-interest group, it is also your home administration that grants you your annual leave and sick leave, after the public-interest group has given you notice.

In all cases, it is your home administration that grants you the following leave after consulting your host organization:

• Long-term sick leave (LSW)
• Long-term leave (CLD)
• Maternity leave
• Adoption leave
• 3-day birth or adoption leave
• Paternity and childcare leave
• Vocational training leave
• Leave for validation of experience (VAE)
• Leave for skills assessment
• Leave for union training
• Health and safety training leave of up to 2 days if you are a staff representative on the Social Committee
• Leave to participate in the activities of youth and popular education organizations, federations and accredited sports associations
• Family Solidarity Leave
• Caregiver leave
• Representation leave
• Leave for temporary invalidity attributable to service (citis)
• Parental leave

It is your home administration that grants you part-time.

It is also your home administration that grants you training as part of the personal training account (PTA).

If you are placed on leave for temporary invalidity attributable to service (citis), your home administration will cover the medical fees and expenses directly incurred by the illness or accident.

If you can benefit from Temporary Invalidity Allowance (ITA), it is paid to you by your home administration.

When you are placed on vocational training leave or receive training under the CPF, your lump sum allowance or training allowance is paid by your home administration.

How is one reintegrated into the original administration?

At the end of your secondment, you are reassigned to your previous employment in your home department.

If this is not possible, you are reassigned to a job corresponding to your grade.

The supply may end before the date specified in your request or at the request of your home administration or host organization.

Your delivery agreement may provide for a period of notice.

If you are made available to more than one organization, the end of the provision may apply in respect of only some of them.

In this case, the other host organizations are informed of the early termination of your provision.