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MIL OSI Translation. Government of the Republic of France statements from French to English –

Source: Republic of France in French The French Republic has issued the following statement:

Credits: © Kzenon –

As a public official, are you planning to take a leave of absence to take care of a disabled person or person suffering from a particularly serious loss of autonomy? A decree published in the Official Journal on December 10, 2020 sets the conditions for granting and renewing caregiver leave as well as the conditions for its use in the three public functions (state, hospital and regional civil service). It specifies in particular the cases of emergency situations for which the deadlines are removed and the cases of early resumption and waiver.

These measures concern tenured civil servants and trainees, contractual agents of public law, magistrates of the judicial order and administrative order as well as medical, odontological and pharmaceutical staff working in public health establishments who wish to benefit from a caregiver leave to assist a person with a particularly serious handicap or loss of autonomy.

The terms and conditions

The duration of the leave is set at a maximum of 3 months, renewable within the limit of 1 year over the entire career.

Caregiver leave is taken:

for a continuous period;
for 1 or more divided periods of at least 1 day;
in the form of a part-time service.

To benefit from caregiver leave, the agent sends a written request, at least 1 month before the start of the leave, to the head of service for the civil servant of the State, to the territorial authority for the territorial civil servant, to the he authority vested with the power of appointment to which he reports for the hospital official, to the head of the service to which he reports for the contractual agent. In the event of renewal, he sends it at least 15 days before the end of the leave.

He indicates in his request the estimated dates of leave as well as the terms of its use and provides certain supporting documents in order to establish his rights.

If the agent wishes to modify the estimated dates and the chosen terms of use, he shall inform the authority to which he reports in writing with at least 48 hours’ notice.

The leave may begin or be renewed without delay for one of the following reasons:

the sudden deterioration in the state of health of the person being helped;
a crisis situation requiring urgent action by the caregiver;
the sudden cessation of residential accommodation for the person assisted.

In these cases, the agent transmits within 8 days to the authority to which he reports the medical certificate attesting to the sudden deterioration in the state of health of the person being helped or the crisis situation requiring urgent action by the caregiver. or the certificate which certifies the abrupt end of accommodation in an establishment.

The agent may terminate his leave early or waive it in the following cases:

death of the person assisted;
admission to an establishment of the person assisted;
significant decrease in agent resources;
use of a home help service to assist the person being helped;
caregiver leave taken by another family member;
when the agent’s state of health requires it.

He then informs in writing the authority to which he reports at least 15 days before the date on which he wishes to benefit from these provisions. In the event of the death of the assisted person, this period is reduced to 8 days.

During the period during which he benefits from caregiver leave, the agent remains assigned to his job or retains the benefit of his contract or his engagement.

The case of trainee officials

When a civil servant benefiting from caregiver leave is called upon to follow an internship prior to a tenure in another body or framework of employment, his appointment as a trainee in the new body or framework of employment is, if he is requests it, postponed to take effect on the expiry date of the period of entitlement to this leave.

The end date of the statutory duration of the internship of the trainee civil servant who has benefited from caregiver leave is postponed by a number of working days equal to the number of days and, where applicable, half-days of caregiver leave that he used.

The duration of use of caregiver leave is taken into account in its entirety, when the agent is established, in the calculation of the services retained for classification and promotion.

EDITOR’S NOTE: This article is a translation. Apologies should the grammar and / or sentence structure not be perfect.

MIL Translation OSI