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16516

Question 16516 — territorial civil service

openFrance· National Assembly· FR

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26 March 2024

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26 March 2024

Summary

Mr. Alexandre Vincendet draws the attention of the Minister of Labor, Health and Solidarity to the conditions giving civil servants the right to be granted long-term leave (CLD). Under the terms of article 57-4 of law no. 84-53 of January 26, 1984 establishing statutory provisions relating to the territorial civil service, territorial agents are entitled to obtain long-term leave “in the event of tuberculosis, mental illness, cancerous condition, poliomyelitis or serious and acquired immune deficiency”. This legislative provision was then extended to all civil servants, by regulation (article 29 of decree no. 86-442 of March 14, 1986). Pursuant to these provisions, public employees suffering from one of these five illnesses and who are placed on long-term leave may claim remuneration at full salary for a period of three years and half pay for a period of two years. Unfortunately, some agents may suffer from equally seriously debilitating illnesses such as Parkinson's disease, Charcot disease or multiple sclerosis. These illnesses require extensive treatment and prolonged care and their progressive nature generally does not allow a resumption of professional activity. The fact that these serious pathologies are not registered on the list allowing the granting of long-term leave, only entitles these people to long-term sick leave which maintains full salary for one year, then the salary is reduced by half for the following two years. In addition, long-term sick leave blocks the position occupied by the agent for three years, because it does not allow him to be released for the benefit of another agent, whereas the impossibility of activity of the sick agent is very often permanent. Finally, it seems surprising to him that tuberculosis or poliomyelitis, which are pathologies which have almost disappeared thanks to vaccination, are still present on this list, while Parkinson's disease which is a serious and disabling neurodegenerative disease or Charcot's disease are not there. He asks her to please tell him what are its intentions to remedy this harmful situation for the people concerned and in particular if it plans to change the list of pathologies allowing the granting of long-term leave.

Machine translation from French. The official text remains authoritative.

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