Question 40574 — overseas

Summary

Mr. Lénaïck Adam draws the attention of the Minister of Transformation and the Public Service to the inconsistencies suffered by overseas civil servants, beneficiaries of enhanced leave, from their administrations. Firstly, the MP would like to draw the attention of the Minister to the case of civil servants whose rights were opened before the date of entry into force of Decree No. 2020-851 relating to reform of the bonus leave system on July 2, 2020. In fact, in accordance with the circular of January 16, 1978, it is possible to postpone one's right to bonus leave. Consequently, certain civil servants who benefited from this right of deferral are refused by their administration the possibility of benefiting from the regime, then in force when they carried out their deferral, namely 65 days of consecutive leave every 36 month. The MP would like to know what regulations apply to them. Clarification of this point for these agents would be desirable. To this end, the MP also proposes the development of a guide by the appropriate ministerial services for other administrations in order to fill this gap. Secondly, he also underlines that it would be appropriate to update, in the light of the aforementioned decree, the circular of 16 August 1978 concerning the application of Decree No. 78-309 of March 20, 1978 relating, for overseas departments, to the payment of travel expenses for enhanced leave granted to magistrates and civil servants of the State. In fact, transport costs are no longer reimbursed but covered since the reform. Thirdly, the MP wishes to question the Minister regarding the 31 consecutive days of leave annual payments that must be taken by the beneficiary civil servant in accordance with article 6 of decree of March 20, 1978 no. 78-399. He wonders whether these 31 consecutive days are counted by counting weekends and public holidays as well as a few days of annual leave that the agent must take out of his 25 regulatory days. Finally, the MP wishes to draw the minister's attention to the fact that several administrations have paid their agent, since the entry into force of the decree of July 2, 2020, the “cost of living” allowance, not during the stay but at the end of it. So he asks her to clarify this.

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