Sick leave of a public official during his leave: what are the rules?

If you are sick during a period of annual leave, you are placed on sick leave upon presentation of a work stoppage established by a doctor, a dental surgeon or a midwife.

Sick leave cancels annual leave.

Days of annual leave canceled can be taken at a later date.

Annual leave must be taken between 1^er January and December 31. However, if you are unable to take all or part of your annual leave due to medical leave, you are entitled to the automatic carry-over of your remaining annual leave due on a 15-month period.

The 15-month period may be extended with the exceptional authorization of your head of department

The medical leave entitling to the carry-over is as follows:

• Leave of absence illness, of long-term illness (CLM) or long-term (CLD), leave for temporary invalidity attributable to service (Citis), automatic availability for health reasons if you are a civil servant
• Leave of absence illness or of serious illness, leave for accident at work or occupational disease, unpaid sick leave if you are a contractor.

Within one month of the date of resumption of your duties, your administration or employer shall inform you, by any means that can be used to date this information with certainty, of the number of days of annual leave carried over and the date until which you may take them.

The annual leave that may be carried forward is leave earned before health leave and leave earned during leave for health reasons or leave related to parental or family responsibilities.

The 15-month deferral period begins on the date you receive information on the number of days carried over and the deadline for taking them.

The 15-month carry-over period for the days of annual leave earned during medical leave shall start at the latest at the end of the year for which the annual leave is due if, on that date, you have been on such leave for at least 1 year. In this case, when you resume your duties, the 15-month deferral period, if it is not completed, is suspended until you have received information on the number of days carried over and the deadline for taking them.

The number of vacation days that can be carried forward is limited to 4 weeks.

If you do not take the leave carried over in the allotted period, it is lost and does not give rise to any compensatory allowance, except in the case of permanent departure from the public service.

If you are absent for several consecutive years, leave not taken at the end of each 15-month carry-over period shall be forfeited.

When you leave the public service, for whatever reason (retirement, resignation, termination of contract,...) and not being able to take all your annual leave before your departure), these leave give rise to a compensatory allowance.

The duration of unused annual leave that gives rise to compensation is a maximum of 4 weeks.

Your employer's administration will inform you of the number of unused or deferred vacation days for which compensation is payable.

Compensation for one day of annual leave not taken is calculated as follows: (Gross monthly remuneration x 12) / 250.

The number 250 is the average number of working days in a year.

The annual leave allowance is subject to the same contributions as your remuneration.

The gross monthly remuneration taken into account for the calculation of the annual leave allowance is equal to the last remuneration paid during your last full month of effective performance of your duties.

This remuneration may take into account any changes in your statutory or compensation situation that occurred between the last date of effective performance of your duties and the date of termination of the employment relationship.

It includes the index treatment, the residence allowance, the family treatment supplement (FTS) and bonuses and allowances.

However, the following elements of remuneration shall not be taken into account:

• Exceptional or occasional payments, in particular related to the individual or collective assessment of how to serve
• Reimbursement of expenses
• Participation in the financing of supplementary social protection guarantees
• Exceptional or occasional payments related to allowances for first-time assignments, mobility and reorganization and other similar allowances
• Overseas increases and indexing, where payment is interrupted before the end of the employment relationship
• Foreign residence allowance where payment is interrupted before the end of the employment relationship
• Allowances paid for ancillary activity and other allowances not directly related to employment
• Exceptional or occasional payments of premiums and allowances corresponding to a single operative event
• Allowances related to the organization of work and actual exceeding of the work cycle.