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Reclassification of Civil Servants Recognized as Unfit: Maintaining Employment

In the public sector, the health and well-being of employees are of paramount importance. An essential mechanism for this purpose is the professional reclassification process for civil servants whose health condition no longer allows them to fulfill their usual duties.

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This mechanism aims to protect the careers of civil servants and ensure their professional continuity under conditions adapted to their state of health.

Reclassification is a procedure that allows civil servants declared unfit to perform their usual duties for health reasons to be offered another position adapted to their condition. This process is triggered by a temporary or permanent incapacity to perform the tasks associated with their grade, and if an adjustment of the working conditions is not feasible.

The Preparation Period for Reclassification

Before the effective reclassification, a preparation period is proposed. This crucial step allows the civil servant to prepare for their new duties, with appropriate support and specific training if necessary. It starts following the opinion of the medical council or at the request of the civil servant and can be adjusted according to particular circumstances, such as health-related leaves.

During this period, which can extend up to a year, the civil servant maintains their active status and continues to receive their usual remuneration, as well as any supplement or indemnity related to their position. It is a time of accompaniment, training, and adaptation, often concluded with a tripartite agreement between the concerned administrations and the civil servant.

A personalized project is established to define the modalities of this preparation. The civil servant, in collaboration with the administration, participates in the development of this project which includes the search for a suitable job in another body or employment framework.

The project is regularly evaluated to ensure that it meets the needs of the civil servant and can be modified according to the evolution of their health or the comments of the medical council.

Detachment Procedure

If reclassification is necessary, the civil servant is offered multiple positions through detachment. This step is framed by a formal procedure, and if no position is available, a motivated decision must be rendered by the administration.

The civil servant has the right to contest the decisions taken and can be periodically re-examined to determine whether they can resume their original duties or if their detachment needs to be extended.

After a one-year period of detachment, if the unfitness is deemed permanent, the civil servant can be integrated into their new position. Specific waivers can be granted for competitions or exams, taking into account the physical restrictions of the civil servant.

In conclusion:

The reclassification process recognizes the importance of the contribution of civil servants to society and strives to support them in case of health difficulties. It represents a balanced approach between the needs of the administration and the respect for the dignity and rights of public servants.

Philippe Casanova

Specialist in occupational medicine and forensic medicine.

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