It occurs when the agent has exhausted its statutory rights to ordinary sick leave (12 consecutive months) or long-term sick leave or extended leave, if the person can resume his duties, but is not recognized permanently incapacitated.
Conditions
The agent must have exhausted his rights to regular sick leave, extended sick or long , under the provisions of Item 2, Item 3 and 4, ° Article 57 of Law No. 84-53 of January 26, 1984.
No employee may be granted sick leave of a different nature than that which he has exhausted rights.
The medical board must be consulted for the development and availability of office renewal. For the last renewal, the notice is given by the reform commission.
After consultation with the medical board or commission of reform, the territorial authority concluded that the absolute physical inability of the official and definitive territorial resume his duties and the inability of the sort in the immediate, on the basis of Articles 81-86 of the Law of 26 January 1984 and the provisions of Decree No. 85-1054 of September 30, 1985.
The person is not likely to be eligible for retirement: it is definitely unfit for office but not all functions.
According to Case State Council No. 189 839 of 16 February 2000 , the territorial authority shall, after consultation with the medical board, invite the territorial civil servant who was disqualified from the exercise of his duties because of his impaired physical condition, and that the workstation can be adapted to apply to reassignment to a post from another body.
Once the officer makes such a request, specifying the body in which the reclassification is desired, the territorial authority may, upon expiry of his statutory rights to sick leave on lay-off automatically if the reclassification is not immediately possible. The availability of office action as provided by Title V of Decree No. 2003-1306 of 26 December 2003 relating to pension officials affiliated with the National Pension Fund for local government employees (CNRACL).
The State Council said in a Case No. 249 049, February 13, 2004 , in a case transposed to employees of local government, a government official acknowledged permanently unfit to exercise of any use to the exhaustion of sick leave could be placed in regular availability of office pending the different notices for his retirement for disability. This law also applies if the retirement for disability occurs after the exhaustion an extended sick leave or long term.
Article 31 of Decree No. 2003-1306 states that the aforementioned procedure for the disability retirement involves successively the opinion of the reform commission and the assent of the CNRACL. The community belongs to the agent then takes the order for cancellation of the frames.
Pending his retirement due to disability, and in accordance with established case law, all officials must be placed in an administrative position regularly.
Furthermore, the agent, during its period of availability of office following the end of his right to sick leave is covered by the special system of Social Security and, therefore, are entitled to per diem under the conditions laid down in Article 4 of the Decree of 11 January 1960 concerning the social security scheme for permanent staff of the departments, municipalities and their public not having an industrial or commercial.
The said benefits are paid by the territorial authority employer and not a case of Social Security. However, the applicant must meet the requirements of Articles L.323-1 and R.323-1 of the Code of Social Security and can not collect such per diem for a period of three years counted from date to date from work stoppage, including statutory holidays.
Award and renewal
The duration of the availability of office may not exceed one year. It can be renewed twice for a period equivalent. If the officer was unable, during that period, be granted a reclassification, it shall, at the expiry of this period, be reinstated to the local authority to which he belongs, or eligible for retirement or if he is not entitled to pension, Licensee.
However, if at the end of the third year of availability officer is unfit to resume his duties, but if the result of a review of the medical committee that it should normally be able to resume his duties or be reclassified before the expiry of a new year, availability may be a third renewal.
End of the availability of office
Reinstatement is subject to verification by a licensed physician and, possibly, by the appropriate medical board of physical fitness the official territorial exercise of the duties of his rank.
If the committee believes that the medical officer does not temporarily or permanently, the physical capability to exercise its functions, without, however, his health prevents him any activity, and if the adaptation of the workplace is not possible, it may propose to the individual being reclassified into another job under the conditions laid down by current regulations.
official who made before the expiry of the period of layoff an application for reinstatement is held off until a post was proposed in accordance Article 97 of the Act of January 26, 1984. However, if it can not be returned due to physical incapacity, it is either upgraded or made available automatically, be stricken from the executive if he is found permanently unfit.
Question
An agent placed on availability of office for health reasons, he automatically receives per diem?
Answer
In a response published in the OJ Ministerial Senate of January 11, 1996, the Minister recalled that the officer of a local authority placed off automatically at the expiry of his statutory rights to sick leave is covered by its special system of social security, as defined by Decree No. 60-58 of January 11, 1960 concerning the social security system of permanent staff in departments, municipalities and their public not having an industrial or commercial.
Section 4 of this Decree précise que : "en cas de maladie, l’agent qui a épuisé ses droits à une rémunération statutaire, mais qui remplit les conditions fixées par le code de la sécurité sociale pour avoir droit à l’indemnité journalière visée à l’article L 283 dudit code (L 323-1), a droit à une indemnité égale à la somme des éléments suivants :
- 1° La moitié (ou les 2/3 si l’agent a 3 enfants ou plus à charge) du traitement et des indemnités accessoires, à l’exclusion de celles qui sont attachées à l’exercice des fonctions ou qui ont le caractère de remboursement de frais ;
- 2 ° half (or 2 / 3 if the officer has 3 children or more dependents) of the allowance;
- 3 ° The entire family benefits (...) ".
In accordance with this Article 4, then the agent receives per diem if they meet the conditions required to articles L 323-1 and R 323-1 of the Social Security
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