What is the role of the Medical Council in the Public Service?

Verified 01 September 2026 - Public Service / (Prime Minister)

Medical advice is a advisory body that your employer administration must obligatory view before to make certain decisions regarding your administrative situation in case of illness. We present you with the information you need to know about this instance.

In the State civil service, a ministerial medical council shall be established at each central administration of each ministerial department. A departmental medical council is also set up under the prefect in each department.

In the territorial and hospital public functions, it is the departmental medical council, placed with the prefect of each department, which is competent.

The members of the medical council may meet in restricted or plenary formation depending on the situation on which they are consulted.

Restricted training

The medical board in restricted training is composed of 3 full doctors and, for each holder, 1 or more alternate doctors.

These doctors are designated by the minister or the prefect from among the licensed doctors.

FYI  

The list of general practitioners and specialists is drawn up by the prefect on a proposal from theARS: titleContent after consulting the Departmental Council of the Order of Physicians.

Plenary Training

In plenary session, the medical board is composed of doctors sitting in restricted session, 2 representatives of the administration to which the staff member concerned belongs and 2 full staff representatives.

The medical council is chaired by a physician appointed by the minister or the prefect from among the regular physicians.

Restricted training

The Medical Council shall meet in restricted training when considering the following draft decisions:

  • 1re setting up long-term sick leave (LWOP) or long-term (CLD) or severe illness
  • Placement on unpaid sick leave and renewal of unpaid sick leave upon expiry of the probationary official's entitlement to paid leave for health reasons
  • Reinstatement at the end of the rights à sick leave, to CLM, CLD, sick leave, leave for temporary invalidity attributable to service - Citis), leave for accident at work or occupational disease
  • Reinstatement at the end of a CLM or CLD period if you perform duties that require special health conditions or if you have been automatically placed in a CLM or CLD
  • Automatic lay-off for health reasons, renewal of availability and reinstatement at the end of availability
  • Reclassification to another job body or framework of jobs as a result of an alteration in your health.

The medical council also meets in restricted formation, when it is referred for advice in the event of a challenge to a medical opinion given by a certified physician.

Plenary Training

The medical board shall meet in plenary session to decide on the imputability to the service of an accident or illness when an act committed by the official or a circumstance unrelated to the service does not allow the administration to establish itself the link between the service and the illness or accident.

The medical council also meets in plenary session, in particular in the following situations:

  • Determination of the rate of permanent incapacity following an occupational disease
  • Allocation of thetemporary invalidity allowance in the case of invalidity resulting from an accident on duty which has resulted in a permanent incapacity of at least 10% or an occupational disease
  • Sick leave due to injury or illness contracted or aggravated by performing an act of devotion in the public interest or by exposing one's life to save the life of one or more persons
  • Retirement for disability
  • Allocation of an annuity to a probationary official dismissed for physical incapacity.

Medical advice is impounded for opinion by the administration, at its initiative or at your request.

The doctor presiding over the medical board examines the file. He may entrust the instruction to another doctor, a member of the board.

The doctor in charge of the investigation may use the expertise of a licensed physician.

The certified medical practitioner referred for an expert opinion shall give a written opinion and may attend the council without taking part in the vote.

Please note

A doctor who is a member of the medical council and has acted as an expert on a file may not take part in the vote on that file.

When it sits in plenary training, the medical board may have the administration carry out an investigation or an expert opinion which it considers necessary.

You are informed at least ten working days in advance the date of the meeting of the medical council.

You have the right to consult your medical file, make written submissions and provide medical certificates.

You also have the right to be accompanied or represented by a person of your choice at all stages of the procedure.

You can ask that the doctor of your choice be heard by the medical board. Your administration may also make the doctor of your choice heard. If it deems it useful, the medical council may ask to hear you.

When your situation is reviewed by the Board in restricted training, the secretariat of the council shall inform you of means of challenge possible from the opinion rendered before the higher medical council.

When your situation is reviewed by the Board of plenary training, the secretariat of the council shall inform you of your right to be heard by the medical board.

The opinion of the medical board is motivated in compliance with the medical secret. It is addressed to you and your administration.

Your administration informs the medical board of its decision.

When your situation has been reviewed by the medical advice in restricted training, you and your administration may challenge the opinion of the medical board before the higher medical council.

Warning  

In the State civil service, where the medical council in restricted formation has been challenged against an opinion given by a certified physician, the opinion of the medical council in restricted formation may not be challenged before the higher medical council if it is in accordance with the opinion of the certified physician.

The Higher Medical Council is a national body attached to the Ministry of Health.

The secretariat of the medical council explains how to formulate this appeal.

The appeal must be made within 2 months following the notification in the opinion of the medical board.

The challenge must be presented to the medical council, which forwards it to the higher medical council and informs you and your administration.

The higher medical council may arrange for a complementary medical expertise.

The higher medical council shall decide on the basis of the documents in the file on the day on which it examines it.

In the absence of notice issued by the superior medical council within 4 months according to the date on which he has your file, the notice of the medical board in restricted training is considered confirmed.

This period shall be suspended when the higher medical council has a supplementary medical assessment carried out.

Your administration shall make a new decision on the basis of the opinion of the Senior Medical Council or, in the absence of the opinion of the Senior Medical Council, at the end of the delay of 4 months.

Opinions given by the medical council and possibly by the superior medical council are not binding on the administration except in certain cases.

At the end of 12 consecutive months of sick leave, 3 years of long-term sick leave or 5 years of long-term sick leave, a staff member may not return to service without the favorable opinion of the medical board.

When the medical board is asked about the suitability of a staff member for reinstatement, the staff member may not be recognized as fit to perform his duties without the favorable opinion of the medical board.

In these two cases, if the medical board issues an unfavorable opinion, the administration cannot authorize the agent to resume his duties.

In other cases of referral to the medical council, the administration may take a different decision of the opinion delivered.

The opinion of the medical board may not not be the subject of a appeal to the administrative court.

However, in the event of irregular proceedings (failure to consult the medical board, irregular consultation), this irregularity may be invoked before the administrative tribunal during a cancelation request a decision of the administration.