Reclassification for physical incapacity of a contractor
Verified 18 August 2026 - Public Service / (Prime Minister)
Are you a public service contract worker, have been on medical leave and are unable to return to your job after your work stoppage? You can be reclassified to a new job adapted to your health condition. If your reclassification is not possible, you are dismissed for physical incapacity. We present this procedure to you.
At the end of a work stoppage for health reasons, if medically ascertained by a licensed physician that you are definitively unfit to resume the job you held before your work stoppage, you can request to be reclassified on another job adapted to your state of health.
Reclassification for physical incapacity may occur at the end of a paid or unpaid sick leave, of a sick leave or a leave for accident at work or occupational disease.
You can be reclassified for physical incapacity whether you are in CDI: titleContent or in CDD: titleContent.
If you are in CDD, your request for reclassification must be made before the end of your contract. Your reclassification does not have the effect of keeping you in your position beyond the expected end date of your contract.
In order to qualify for a reclassification for physical incapacity, you must have been recruited on a permanent job, i.e. you must not have been recruited to cope with a temporary or seasonal increase in activity or on a temporary or seasonal basis. project contract.
When the reclassification is not possible or in the absence of a request for reclassification, you are licensed for physical incapacity.
Pre-dismissal interview
Once your permanent incapacity has been established, your employer's administration will call you for a pre-dismissal interview.
The invitation to the interview shall be sent by registered letter with acknowledgement of receipt or by hand delivered against signature.
This letter indicates the purpose of the summons.
The pre-dismissal interview cannot take place less than 5 working days after presentation of the registered letter or hand delivery.
You can have you accompanied to the interview by the person(s) of your choice.
During the interview, your employer’s administration will inform you of the reason for the dismissal and the time limit within which you must submit your written request for reclassification.
Your employer's administration will also inform you of the conditions under which the reclassification offers will be presented to you.
Your employer administration informs you that you can apply communication of your medical record and your personal file.
CCP consultation and notification of dismissal
The CCP: titleContent shall be consulted on the draft dismissal decision.
After the CCP consultation, your employer's administration shall communicate its decision to dismiss you by registered letter with acknowledgement of receipt or hand delivery against signature.
The letter specifies the reason for the dismissal and the date on which it occurs, taking into account your outstanding annual leave entitlements and the length of the notice period.
This letter also invites you to submit a written request for reclassification on another job and indicates the conditions under which redeployment offers may be addressed to you.
Length of notice
The length of the notice varies according to your seniority:
Seniority of agent | Length of notice |
|---|---|
Less than 6 months | 8 days |
6 months or more and less than 2 years | 1 month |
Equal to or greater than 2 years | 2 months |
Your seniority is calculated up to the date the letter was sent notification of dismissal.
It shall be calculated taking into account all of your contracts, including contracts made before an interruption, if the interruption between 2 contracts did not exceed 4 months and is not due to your resignation.
The subsequent periods of unpaid leave are not taken into account in the calculation of your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, your spouse or Civil partnership partner (or your partner if you are a hospital worker) or an ascendant following an accident or a critical illness or disability requiring the presence of a third party
- Leave to follow your husband or Civil partnership partner (or your partner if you are a hospital worker) forced to move for work reasons
- Leave for personal convenience
- Leave to create or resume a company
- Mobility leave.
However, these periods of unpaid leave do not make you lose the seniority acquired before their allocation.
The notice shall begin at date of submission of the letter of dismissal.
You can give up at any time to the benefit of the notice.
Reclassification procedure
Once you have received the letter of termination, you must submit your request for reclassification to another job within a period that varies according to your seniority :
Seniority of agent | Deadline for submission of the reclassification application |
|---|---|
Less than 6 months | 4 days |
6 months or more and less than 2 years | 15 days |
Equal to or greater than 2 years | 1 month |
In the absence of a request for reclassification made within the prescribed period or in the event of refusal to benefit from the reclassification procedure, you are dismissed.
Your reclassification is carried out on a job of the same hierarchical category as your previous job.
If this is not possible, your reclassification can be carried out, with your consent, on a job falling within a lower hierarchical category.
The offer of reclassification must be written and precise. The job offered must be adapted to your health and compatible with your professional skills.
If no reclassification can be offered to you before the end of the notice, you are placed, at the end of the notice, in unpaid leave for up to 3 months pending reclassification.
Your placement on unpaid leave suspends the effective date of your termination.
A certificate of suspension of your employment contract due to the administration is issued.
During this unpaid leave, you are considered involuntarily deprived of employment and may, at your request, be entitled to unemployment benefits.
You may at any time, during your unpaid leave of up to 3 months, reconsider your request for reclassification. You are then dismissed.
If your reclassification is not possible and has not been completed at the end of the unpaid leave of up to 3 months, you will be dismissed.
Your dismissal may also occur in case of refusal of the proposed position.
End of contract certificate
The administration gives you a certificate that contains only the following information:
- Start and end dates of contract(s)
- Functions held, the category to which they belong and the length of time they were held
- Where applicable, periods of leave not assimilated to periods of actual work.
You are entitled to severance pay unless you are in one of the following situations:
- You have reached the minimum retirement age and you're entitled to a full rate pension
- You are a seconded civil servant on contract.
Amount of compensation
The severance pay shall be equal to:
- À half of your last net remuneration for each of your first 12 years of service
- At third party of the same remuneration for each of the following years.
If you were in CDD, the number of years taken into account may not exceed the number of months remaining until the expected termination date of your contract.
Any fraction of services greater than or equal to 6 months is counted for one year. Any fraction of services less than 6 months is not taken into account.
The remuneration used as the basis for calculating the severance pay is your last remuneration net of social security contributions and, possibly, contributions to a supplementary pension scheme, received during the calendar month prior to the end date of your contract.
It does not include the Family Salary Supplement (FTS), or the Supplementary works Allowance or other incidental allowances.
The amount of the termination indemnity may not exceed 12 times the remuneration on which it is based.
If you worked part-time, the termination indemnity is calculated on the basis of the remuneration you would have received if you were a full-time employee.
If you have reached the minimum retirement age without justifying the number of quarters required to qualify for a full rate pension, the amount of your severance pay is reduced by 1.67% per month of service beyond the minimum retirement age.
Calculation of seniority
Your seniority is counted from the date on which your contract was initially concluded until the effective date of your dismissal, taking into account your outstanding annual leave entitlements and the length of the notice period.
If you have had multiple CDD successive without interruption with the same employer administration, the initial date taken into account is the start date of your 1er The same applies in case of interruption between 2 contracts if the interruption did not exceed 2 months and is not due to your resignation.
The subsequent periods of unpaid leave are not taken into account in the calculation of your seniority:
- Unpaid sick leave
- Parental Leave
- Leave to travel overseas or abroad for the adoption of one or more children
- Leave to raise a child under the age of 12
- Leave to care for a dependent child, your spouse or partner Civil partnerships: titleContent (or to your partner if you are a hospital agent) or ascending as a result of an accident or serious illness or a disability requiring the presence of a third party
- Leave to follow your husband or Civil partnership partner (or your partner if you are a hospital worker) forced to move for work reasons
- Leave for personal convenience
- Leave to create or resume a company
- Mobility leave.
Any period of part-time work shall be counted in proportion to the amount of work performed.
Payment of compensation
The severance pay is paid to you in one lump sum.
It is subject to social security contributions, CSG: titleContent, CRDS: titleContentand is taxable on income.
If you have not been able to take all your annual leave before your departure, compensatory allowance.
The duration of unused annual leave that may give rise to compensation is a maximum of 4 weeks.
Your employer's administration will inform you of the number of compensable annual leave days.
Compensation for one day of annual leave not taken shall be calculated as follows: (Gross monthly compensation 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.
Articles 17, 44(1), 46, 47, 51 to 56
Articles 13, 38, 40, 42, 43 to 46, 48, 49
Articles 17-1, 17-2, 40-1, 42, 43, 47 to 52