Organisation of Working Time
YOUR QUESTIONS How do I calculate annual leave entitlement of an officer Part-time therapy?
The annual leave entitlements of an employee in service Part-time therapy are similar to those of an officer conducting a part-time service (EQ # 29 6971 - JOAN 23/03/2004).
Text QUESTION:
François-Xavier Villain draws the attention of the minister of Public Service, Reform of State and Regional Planning on the implementation of 4a of Article 57 of Law 84-53 as amended by Law No. 94-628 of July 25, 1994 that includes:
"After an injury leave service or disease contracted in the exercise of his functions, work part-time therapy can be granted for a for a maximum period of six months, renewable once been approved by the Reform Commission jurisdiction. The half-time therapy can be given: either because the recovery of function at half-time is recognized as being conducive to improving the health status of the person concerned or because the person must subject to rehabilitation or vocational rehabilitation to find employment compatible with his health. Employees authorized to work half-time due to receive the full therapeutic treatment. "
In addition, Article 1 of Decree No. 85-1250 of 26 November 1985 provides in its second paragraph that "the leave provided for in Article 57 and the third paragraph of Article 74 of Law No. 84-53 of January 26 1984 are considered as service. "
Therefore, it seems clear that the period of half-time during which the therapeutic agent is genuinely entitled to the leave office, what about the second half of this half-time during which the agent does not exercise its functions.
Is it considered in active or not?
And accordingly this time she opens right to leave?
He asks her to please him of his analysis on this point.
Text ANSWER: The
work part-time therapeutic results of a system designed in 4 bis of Article 57 of Law No. 84-53 of January 26, 1984 on statutory provisions relating to the function territorial public. It allows the officer to resume duty at halftime after a long-term sick leave, long-term leave for injury or service disease contracted in line of duty, if the work is considered likely to help improve the health of the person or if the must be re-education or vocational rehabilitation to find employment consistent with his health.
In this situation, the employee receives his full salary. Like any employee covered by the provisions of Article 57 of the Act of 26 January 1984, the agent is therapeutic half-time position of activity. It has, as such annual leave with pay provided for in Article 10 of the 57. Article 1 of Decree No. 85-1250 of 26 November 1985 relating to annual leave local officials in the second paragraph states that:
"The leave provided for in Article 57 and the third paragraph of Article 74 of Law No. 84-53 of January 26, 1984 are considered for the purposes of this provision as service. "However, the half-time therapeutic device that allows the employee to work half the time legal work for therapeutic reasons, is not a holiday. Therefore, the annual leave entitlement of an officer on duty at halftime therapy are similar to those of an officer conducting a part-time service of 50%.
The annual holiday entitlement of part-time territorial officials are set out in Article 3 of Decree No. 82-722 16 August 1982 on various modalities for implementing the system of part-time municipal employees, applicable to all local civil service under Article 1 of Decree No. 84-1104 of December 10, 1984 taken for purposes of section 60 of the law on statutory provisions relating to public land and on the part-time service.
This section provides that "the duration of annual leave interest is equal to five times weekly service their obligations."
half time paid work without performing service obligations does not open right annual leave. The fact remains that the official part-time therapist who works half a day by day and seeking leave extending over a week may be absent the entire week having used only 2.5 days off .
Labels: Annual Leave, Part-time therapeutic
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