Civil service: can a contractor be laid off?
Verified 20 October 2025 - Directorate of Legal and Administrative Information (Prime Minister)
No, only a public servant holder can be placed on standby.
However, if you are a contractor, you can benefit from leave without pay for the same reasons the reasons why an official may be available.
In some cases, leave cannot be refused by the administration (it is said to be granted of law). In other cases, leave is granted subject to service requirements.
The rules vary depending on your public service (state - EPF, territorial - FPT, hospital - FPH).
EPF
The rules vary depending on the reason for the leave:
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Raising a child under 12
If you are an employee for more than a year, you can apply for unpaid leave to raise a child under the age of 12.
If you meet the conditions to benefit from it, you can collect the shared child-rearing benefit (PreParE).
The duration of the leave shall be 3 years maximum, renewable until 12me the child's birthday.
Leave shall be granted within 2 months maximum following receipt of your request.
You cannot be denied leave by the administration.
You must request the renewal of your leave or your re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your current leave.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of return to work.
However, in the event of serious reasons, particularly in the event of a decrease in your household income, you can be re-employed as soon as your request is received by the administration.
Whether your re-employment occurs early or not, you are reassigned to your previous position.
If this is not possible, you have priority to be re-employed on a similar job with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to be giving up your job.
The administration informs you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated without compensation at the end of your leave.
Caring for a loved one
If you are an employee for more than a year, you can apply for unpaid leave to care for a dependent child, your spouse or partner Civil partnerships: titleContent or to one ascending.
This leave may be taken as a result of an accident or serious illness or if the accompanied person has a disability requiring the presence of a third party.
If you stop your activity to care for a child, you may perceive the shared child-rearing benefit (PreParE) if you meet the conditions to benefit,.
If you stop your activity to provide care to a loved one who perceives Personalized Autonomy Allocation (Apa) or the disability compensation benefit (PCH), it may, under certain conditions, use this service to pay you.
The duration of the leave shall be 3 years maximum, renewable as long as your presence with your loved one is justified.
Leave shall be granted within 2 months maximum following receipt of your request.
However, in the event of an emergency related to the health of your loved one, your leave may begin on the date of receipt of your request.
You cannot be denied leave by the administration.
You must request the renewal of your leave or your re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your current leave.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of return to work.
However, in the event of serious reasons, particularly in the event of a decrease in your household income, you can be re-employed as soon as your request is received by the administration.
Whether your re-employment occurs early or not, you are reassigned to your previous position.
If this is not possible, you have priority to be re-employed on a similar job with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to be giving up your job.
The administration informs you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated without compensation at the end of your leave.
Follow your husband or Civil partnership partner who has to move for work reasons
If you are an employee for more than a year, you can apply for unpaid leave to follow your spouse or partner Civil partnerships: titleContent forced to move for professional reasons.
The duration of the leave shall be 3 years maximum, renewable without limitation.
The leave is granted within a maximum of 2 months following receipt of your request.
You cannot be denied leave by your administration.
You must request the renewal of your leave or your re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your current leave.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of return to work.
However, in the event of serious reasons, particularly in the event of a decrease in your household income, you can be re-employed as soon as your request is received by the administration.
Whether your re-employment occurs early or not, you are reassigned to your previous position.
If this is not possible, you have priority to be re-employed on a similar job with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to be giving up your job.
The administration informs you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated without compensation at the end of your leave.
Adopt a child
If you hold an accreditation from theAse: titleContent from your department, you are entitled to unpaid leave to travel to a Drom: titleContent, a Com, in New Caledonia or abroad for the purpose of adopting one or more children.
The administration cannot deny you this leave.
You must make the request by registered mail with acknowledgement of receipt at least 2 weeks before departure.
Your application must indicate the start date and the planned duration of the leave.
The duration of the leave shall be 6 weeks maximum per approval.
You return to your job at the end of the leave, including if you end it earlier than expected.
Personal Suitability
If you are in DTA: titleContent, you can apply for unpaid leave for personal convenience.
You must not have benefited within the 6 years preceding your application of leave for personal convenience of leave for the creation of a company or vocational training leave of at least 6 months.
Leave for personal convenience is granted subject to service requirements.
This leave is granted for 5 years maximum renewables in the 10-year limit for all your contracts in the public service.
You must apply for leave at least 2 months in advance by registered mail with acknowledgement of receipt.
You must request the renewal of your leave or your re-employment, by registered letter with acknowledgement of receipt, at least 3 months before the end of your current leave.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of return to work.
However, in the event of serious reasons, particularly in the event of a decrease in your household income, you can be re-employed as soon as your request is received by the administration.
Whether your re-employment occurs early or not, you are reassigned to your previous position.
If this is not possible, you have priority to be re-employed on a similar job with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to be giving up your job.
The administration informs you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated without compensation at the end of your leave.
Reminder
As a public official, you cannot not benefit a sabbatical. This leave is reserved for private sector employees.
Create or resume a company
You can request unpaid leave to start or resume a company.
Such leave shall be granted subject to service requirements and the compatibility of your company creation or takeover project with the functions you have performed in the previous 3 years.
The duration of the leave shall be 1 year, renewable 1 time.
The request for leave must be made, by registered mail with acknowledgement of receipt, at least 2 months in advance.
It shall indicate the date of commencement of the leave, its length and the nature of the company's activity.
If she has any doubt about the compatibility of your business project with your previous functions during the previous 3 years, your administration seizes, for opinion, the ethics referent then possibly the High Authority for the transparency of public life (HATVP).
You must request the renewal of your leave or your re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your leave in progress.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of return to work.
However, in the event of serious reasons, particularly in the event of a decrease in your household income, you can be re-employed as soon as your request is received by the administration.
Whether your re-employment occurs early or not, you are reassigned to your previous position.
If this is not possible, you have priority to be re-employed on a similar job with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to be giving up your job.
The administration informs you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated without compensation at the end of your leave.
FPT
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Raising a child under 12
If you are an employee for more than a year, you can apply for unpaid leave to raise a child under the age of 12.
If you meet the conditions to benefit from it, you can collect the shared child-rearing benefit (PreParE).
The duration of the leave shall be 3 years maximum, renewable until 12me the child's birthday.
Leave shall be granted within 2 months maximum following receipt of your request.
You cannot be denied leave by the administration.
You must request the renewal of your leave or your re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your current leave.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of return to work.
However, in the event of serious reasons, particularly in the event of a decrease in your household income, you can be re-employed as soon as your request is received by the administration.
Whether your re-employment occurs early or not, you are reassigned to your previous position.
If this is not possible, you have priority to be re-employed on a similar job with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to be giving up your job.
The administration informs you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated without compensation at the end of your leave.
Caring for a loved one
If you are an employee for more than a year, you can apply for unpaid leave to care for a dependent child, your spouse or partner Civil partnerships: titleContent or to one ascending.
This leave may be taken as a result of an accident or serious illness or if the accompanied person has a disability requiring the presence of a third party.
If you stop your activity to care for a child, you may perceive the shared child-rearing benefit (PreParE) if you meet the conditions to benefit,.
If you stop your activity to provide care to a loved one who perceives Personalized Autonomy Allocation (Apa) or the disability compensation benefit (PCH), it may, under certain conditions, use this service to pay you.
The duration of the leave shall be 3 years maximum, renewable as long as your presence with your loved one is justified.
Leave shall be granted within 2 months maximum following receipt of your request.
However, in the event of an emergency related to the health of your loved one, your leave may begin on the date of receipt of your request.
You cannot be denied leave by the administration.
You must request the renewal of your leave or your re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your current leave.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of return to work.
However, in the event of serious reasons, particularly in the event of a decrease in your household income, you can be re-employed as soon as your request is received by the administration.
Whether your re-employment occurs early or not, you are reassigned to your previous position.
If this is not possible, you have priority to be re-employed on a similar job with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to be giving up your job.
The administration informs you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated without compensation at the end of your leave.
Follow your Civil partnership or partner who has to move for work reasons
If you are an employee for more than a year, you can apply for unpaid leave to follow your spouse or partner Civil partnerships: titleContent forced to move for professional reasons.
The duration of the leave shall be 3 years maximum, renewable without limitation.
The leave is granted within a maximum of 2 months following receipt of your request.
You cannot be denied leave by your administration.
You must request the renewal of your leave or your re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your current leave.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of return to work.
However, in the event of serious reasons, particularly in the event of a decrease in your household income, you can be re-employed as soon as your request is received by the administration.
Whether your re-employment occurs early or not, you are reassigned to your previous position.
If this is not possible, you have priority to be re-employed on a similar job with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to be giving up your job.
The administration informs you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated without compensation at the end of your leave.
Adopt a child
If you hold an accreditation from theAse: titleContent from your department, you are entitled to unpaid leave to travel to a Drom: titleContent, a Com, in New Caledonia or abroad for the purpose of adopting one or more children.
The administration cannot deny you this leave.
You must make the request by registered mail with acknowledgement of receipt at least 2 weeks before departure.
Your application must indicate the start date and the planned duration of the leave.
The duration of the leave shall be 6 weeks maximum per approval.
You return to your job at the end of the leave, including if you end it earlier than expected.
Personal Suitability
If you are in DTA: titleContent, you can apply for unpaid leave for personal convenience.
You must not have benefited within the previous 6 years your request for leave for personal convenience of a leave for company creation or vocational training leave of at least 6 months.
Leave for personal convenience is granted subject to service requirements.
This leave is granted for 5 years maximum renewables in the 10-year limit for all your contracts in the public service.
You must apply for leave at least 2 months in advance by registered mail with acknowledgement of receipt.
You must request the renewal of your leave or your re-employment, by registered letter with acknowledgement of receipt, at least 3 months before the end of your leave in progress.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of return to work.
However, in the event of serious reasons, particularly in the event of a decrease in your household income, you can be re-employed as soon as your request is received by the administration.
Whether your re-employment occurs early or not, you are reassigned to your previous position.
If this is not possible, you have priority to be re-employed on a similar job with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to be giving up your job.
The administration informs you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated without compensation at the end of your leave.
Reminder
As a public official, you cannot not benefit a sabbatical. This leave is reserved for private sector employees.
Create or resume a company
You can request unpaid leave to start or resume a company.
Such leave shall be granted subject to service requirements and the compatibility of your company creation or takeover project with the functions you have performed in the previous 3 years.
The duration of the leave shall be 1 year, renewable 1 time.
The request for leave must be made, by registered mail with acknowledgement of receipt, at least 2 months in advance.
It shall indicate the date of commencement of the leave, its length and the nature of the company's activity.
If she has any doubt about the compatibility of your business project with your previous functions during the previous 3 years, your administration seizes, for opinion, the ethics referent then possibly the High Authority for the transparency of public life (HATVP).
You must request the renewal of your leave or your re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your leave in progress.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of return to work.
However, in the event of serious reasons, particularly in the event of a decrease in your household income, you can be re-employed as soon as your request is received by the administration.
Whether your re-employment occurs early or not, you are reassigned to your previous position.
If this is not possible, you have priority to be re-employed on a similar job with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to be giving up your job.
The administration informs you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated without compensation at the end of your leave.
FPH
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Raising a child under 12
If you have been employed since more than a year, you can apply for unpaid leave to raise a child under the age of 12.
If you meet the conditions to benefit from it, you can collect the shared child-rearing benefit (PreParE).
The duration of the leave shall be 3 years maximum, renewable until 12e the child's birthday.
Leave shall be granted within 2 months maximum following receipt of your request.
You cannot be denied leave by the administration.
You must request the renewal of your leave or your re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your leave in progress.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of return to work.
However, in the event of serious reasons, particularly in the event of a decrease in your household income, you can be re-employed as soon as your request is received by the administration.
Whether your re-employment occurs early or not, you are reassigned to your previous position.
If this is not possible, you are dismissed and given priority to be reemployed in your establishment on a similar job with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to be giving up your job.
The administration informs you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated without compensation at the end of your leave.
Caring for a loved one
If you are an employee for more than a year, you can apply for unpaid leave to care for your loved one.
The person receiving care must be a dependent child, your spouse, your partner Civil partnerships: titleContent or your partner or a ascending.
This leave may be taken as a result of an accident or serious illness or if the accompanied person has a disability requiring the presence of a third party.
If you stop your activity to care for a child, you may perceive the shared child-rearing benefit (Prepared) if you meet the conditions to benefit from it.
If you stop your activity to provide care to a loved one who perceives Personalized Autonomy Allocation (Apa) or the disability compensation benefit (PCH), it may, under certain conditions, use this service to pay you.
The duration of the leave shall be 3 years maximum, renewable as long as your presence with the sick, disabled or injured relative is justified.
It shall be granted within 2 months maximum following receipt of your request.
In the event of an emergency related to the family member's health, the leave may begin on the date of receipt of your request.
You cannot be denied leave by the administration.
You must request the renewal of your leave or your re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your leave in progress.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of return to work.
However, in the event of serious reasons, particularly in the event of a decrease in your household income, you can be re-employed as soon as your request is received by the administration.
Whether your re-employment occurs early or not, you are reassigned to your previous position.
If this is not possible, you will be dismissed and given priority to be reemployed in a similar job at your establishment with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to be giving up your job.
The administration informs you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated without compensation at the end of your leave.
Follow your spouse forced to move for work reasons
If you are an employee for more than a year, you can apply for unpaid leave to follow your spouse, partner Civil partnerships: titleContent or your cohabiting partner is forced to move for professional reasons.
The duration of the leave shall be 3 years maximum, renewable without limitation.
It shall be granted within 2 months maximum following receipt of your request.
You cannot be denied leave by the administration.
You must request the renewal of your leave or your re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your leave in progress.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of return to work.
However, in the event of serious reasons, particularly in the event of a decrease in your household income, you can be re-employed as soon as your request is received by the administration.
Whether your re-employment occurs early or not, you are reassigned to your previous position.
If this is not possible, you will be dismissed and given priority to be reemployed in a similar job at your establishment with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to be giving up your job.
The administration informs you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated without compensation at the end of your leave.
Adopting a child
If you hold an accreditation from theAse: titleContent from your department, you are entitled to unpaid leave to travel to a Drom: titleContent, a Com, in New Caledonia or abroad for the purpose of adopting one or more children.
The administration cannot deny you this leave.
You must make the request by registered mail with acknowledgement of receipt at least 2 weeks before departure.
Your application must indicate the start date and the planned duration of the leave.
The duration of the leave shall be 6 weeks maximum per approval.
You return to your job at the end of the leave, including if you end it earlier than expected.
Personal Suitability
If you are in DTA: titleContent, you can apply for unpaid leave for personal convenience.
You must not have benefited during the 6 years prior to your request for leave for personal convenience, leave for company creation or vocational training leave of at least 6 months.
Leave for personal convenience is granted subject to service requirements.
This leave is granted for 5 years maximum renewables in the 10-year limit.
You must request this leave at least 2 months in advance by registered mail with acknowledgement of receipt.
You must request the renewal of your leave or your re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your leave in progress.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of return to work.
However, in the event of serious reasons, particularly in the event of a decrease in your household income, you can be re-employed as soon as your request is received by the administration.
Whether your re-employment occurs early or not, you are reassigned to your previous position.
If this is not possible, you will be dismissed and given priority to be reemployed in a similar job at your establishment with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to be giving up your job.
The administration informs you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated without compensation at the end of your leave.
Reminder
As a public official, you cannot take a sabbatical. This leave is reserved for private sector employees.
Create or resume a company
You can request unpaid leave to start or resume a company.
Such leave shall be granted subject to service requirements.
The duration of the leave shall be 1 year renewable 1 time.
The request for leave must be made, by registered mail with acknowledgement of receipt, at least 2 months in advance.
It shall indicate the date of commencement of the leave, its length and the nature of the company's activity.
If she has any doubt about the compatibility of your business project with your previous functions, your administration refers the matter to the ethics officer and possibly to the High Authority for the Transparency of Public Life (HATVP) for an opinion.
You must request the renewal of your leave or your re-employment by registered letter with acknowledgement of receipt at least 3 months before the end of your leave in progress.
If you wish to end your leave before the scheduled date, you must also make the request by registered letter with acknowledgement of receipt at least 3 months before the desired date of return to work.
However, in the event of serious reasons, particularly in the event of a decrease in your household income, you can be re-employed as soon as your request is received by the administration.
Whether your re-employment occurs early or not, you are reassigned to your previous position.
If this is not possible, you are dismissed and given priority to be reemployed on a similar job at your institution with equivalent pay.
In the absence of an application for renewal or re-use at least 3 months before the end of your current leave, you are considered to be giving up your job.
The administration informs you without delay, by registered letter with acknowledgement of receipt.
If you do not respond within 15 days, your contract will be terminated without compensation at the end of your leave.
Articles 19a, 20, 21 to 24, 32, 33
Articles 14-1, 15 to 18-1, 33, 34
Articles 18-1, 19, 20 to 23, 30, 31