The officer has the same rights as any other employee in respect of annual leave and parental leave. To this, however, add exorbitant leave the common law.
The maternity and paternity leave
It is given to all staff members, interns or unlicensed. The leave must be requested between 6 weeks and 2 weeks before the expected date of childbirth.
The term is usually six weeks before the expected date of childbirth and 10 weeks after it. From the third child, the leave is extended to 8 weeks before and 18 weeks after. If the mother gives birth to twins, the leave is extended to 12 weeks before and 22 weeks; in the case of triplets (or more) at 24 weeks and 22 weeks after.
During the leave, the continuing civil servant to receive his full salary. If the birth occurs before the expected date, the days of unused prenatal leave are paired with the days of postnatal leave. By cons, if the delivery is late, the exceedance days of prenatal leave period will reduce the days of postnatal leave.
Concerning paternity leave (introduced in 2002), it lasts up to 11 days offered to the father whose child was born. During the leave, the employee continues to receive full treatment.
In case of multiple births, that period of 11 days is extended to 18 days. Several conditions must be met:
• The application must be sent by registered letter with acknowledgment of receipt, with one month’s notice;
• those 11 days must be taken within 4 months after birth (in case of hospitalization of the infant, the short period of 4 months after the release from the hospital).
Benefiting the father and / or mother of a child who has been born, or those who adopt a child under 16 who request it. It aims to allow the father and / or mother to raise the child.
The leave is granted by renewable period of 6 months.
However, it can be claimed that in the first three years (from the birth of the child or after its adoption). If another child arrives during parental leave, the leave is extended until the third year after the birth (or adoption). This leave is unpaid. The leave does not earn the right to argue for retirement. However, the leave is taken into account in half in the calculation of seniority.
The sick leave
The civil servant has a right to sick leave up to:
• 3 months, touching his full salary;
• 9 months in earning half of his salary.
Any sick leave request must be evidenced by a medical certificate.
We must distinguish between different types of sick leave:
• ordinary sick leave: this is a work stoppage for a "current" disease (flu, colds, etc.);
• leave for exceptional situations: 5 days for a wedding, three days for an adoption or a birth, a death for three days (spouse, father, mother);
• long-term sick leave: the employee then has a serious and debilitating disease. It involves individual and daily care. The payment is made in full during the first year and half for the second year;
• the extended leave: for some diseases (AIDS, cancer, tuberculosis, etc.), the official will have to stop several years. During the first three years, he will receive his full remuneration. He will earn half the salary the next two years;
• leave for occupational disease: in the event that an employee becomes ill as part of its service, it may request leave. It will affect her entire treatment the first five years and a half pay the following three years;
• therapeutic half: this form of part-time work is paid to officials in order to help improve his health, his rehabilitation or vocational rehabilitation, and offers a position for this health condition. The half-time is granted and monitored by medical services. The official shall retain all the benefits of full-time work (including his full salary).
The exorbitant leave ordinary
Here is a partial list of some special leaves provided to public officials:
• leave for trade union education, with pay, for a maximum of 12 days per year, as we have seen;
• a leave of six working days may be requested by the official under 25 years, every year to participate in activities of education and youth organizations or recognized sports associations. This leave may be used in one or more times a year. It is not paid. It is recognized as a period of effective service. The duration of this leave can not be deducted from the amount of leave "paid";
• a three-month leave may be granted to the accompaniment of a person in later life, as long as that person is an ascendant, descendant or a person sharing the home of the official who so requests. This leave is unpaid. It is recognized as a period of effective service. The duration of this leave can not be deducted from the amount of leave "paid";
• subsidized holidays. Some absences are authorized for the following reasons: for a blood donor, for a mayor of a town of at least 20,000 inhabitants, a mayor or a deputy of a town in less than 20 000, for a candidate municipal, cantonal and regional elections for a parliamentary candidate, senatorial, presidential or European.
The resignation can only result from a written request of the person concerned, marking his express wish to leave its administration or service.
It takes effect only when it is accepted by the authority and the power of appointment on the date fixed by that authority. The authority has four months to meet demand. Beyond this time, silence is a rejection.
The official may reverse its decision as long as it is not accepted by the administration. Acceptance of the resignation makes irrevocable revenge.
Dismissal, removal and abandonment of position
Any officer may be dismissed, for two main reasons: serious misconduct or incompetence. Revocation is a disciplinary sanction.
As for abandonment of post, it sanctions an official who is deemed to have waived the guarantees of its status.
The pension is paid as a pension, that is to say in the form of personal monetary benefit for life granted to civil and military officials. Moreover, after the death of the official activity, retirement is also paid to his successors designated by law in the year following the death.
The amount of the pension, which takes into account the level, duration and nature of the services performed, guarantees the end of career the recipient of the material conditions of existence to keep the service after the dignity of the person in relation to its function performed.
The retirement system is determined by the general scheme of the public service, governed by the code of civil and military pensions (PMCC).
To be eligible for retirement, you must have at least fifteen years of service. The age to retire employee may, within the preceding five years, to gradually withdraw its activities.
The contribution of officials is fixed, noted: 7.85% of the gross salary, excluding bonuses and allowances.
The duration of the service periods and credits in liquidation is expressed in liquidated annuities. Each liquidable annuity is paid at a rate of 2% of basic emoluments for the processing index considered.
The maximum liquidated annuities in the civil or military pension is fixed at 37 annual installments and a half, or 75% of the salary taken into account. It can be worn to 40 years due to various bonuses (eg. Expatriation bonus for civil services outside Europe, campaigns for military benefits, etc.).
In addition, a pension shall be granted to holders who have raised at least three children (10% for the first three children and 5% per child beyond the third, but may not exceed the amount of the basic salary emoluments).
The benefits of civil servants on pensions are therefore not a legend, compared to private sector employees: no call rates, reduced fee, base salary calculated on the last six months (and not the last 25 years as in the private sector). And especially retired officers receive between 70 and 75% of their salary (against 50 to 60% in the private sector). However, the law of 21 August 2003 is undermining the reconciliation of public sector plan to the private sector.