Question 16690 — civil servants and public agents

Summary

Mr. Maxime Laisney questions the Minister of National Education about the unfair situation that AESH suffer due to the fact that they do not benefit from salary subrogation in the event of illness. Subrogation, a mechanism allowing the employing administration to recover daily allowances from social security while maintaining full salary in the event of sick leave, is the norm for civil servants. holders. Since Decree No. 2024-641 of June 27, 2024 relating to the system of certain leave for reasons of health for civil servants and contractual agents of the State (article 4), certain contractual agents benefit from the subrogation unanimously acclaimed by union representatives. In the absence of subrogation, as is the case for contractual agents falling under of national education, the latter find themselves obliged to reimburse considerable sums to the administration a posteriori. Given the precarious salaries of AESH, this mechanism has dramatic consequences on their financial situation, already weakened by their status which forces them in particular to work part-time. Salary subrogation in the event of illness of contractual agents under the Ministry of National Education, which was initially to come into force in 2025, has been postponed many times. The ministry recently announced a new postponement until January 1, 2028. It asks what justifies such unequal treatment of contractual agents of national education, on the one hand with regard to civil servants, on the other hand with regard to contractual agents reporting to other ministries who already benefit from salary subrogation.

Machine translation from French. The official text remains authoritative.

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