introducing implementing provisions on absences as a result of sickness or accident

Transcription

1 N / Brussels, C(2004) 1597 COMMISSION DECISION intrducing implementing prvisins n absences as a result f sickness r accident THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard t the Staff Regulatins f fficials f the Eurpean Cmmunities and the Cnditins f Emplyment f ther servants f the Eurpean Cmmunities (CEOS) laid dwn by Cuncil Regulatin (EEC, Euratm, ECSC) N 259/68 (1), and in particular Articles 59 and 60 f the Staff Regulatins and Articles 16, 59, 60 and 91 f the CEOS, Whereas: 1. In rder t ensure that practice remains transparent and cnsistent, the implementing prvisins applicable t absences as a result f sickness r accident shuld be cmbined in a single dcument. 2. Prvisin shuld be made fr the pssibility f subsequently rapidly amending the Annex t this Decisin as apprpriate. 3. In this respect, it seems nt expedient fr such amendments t be referred every time t the Cmmissin where they remain limited in scpe, HAS DECIDED AS FOLLOWS: Article 1 The Annex t this Decisin establishing implementing prvisins fr absences as a result f sickness r accident is hereby apprved. Article 2 The Cmmissin shall empwer the Directr-General fr Persnnel and Administratin t make all necessary limited amendments t the Annex t this Decisin. Article 3 This Decisin shall enter int frce n 1 May 2004.

2 Dne at Brussels, ANNEX IMPLEMENTING PROVISIONS REGARDING ABSENCES ON GROUNDS OF HEALTH OR ACCIDENT CONTENTS ABBREVIATIONS USED INTRODUCTION I. GENERAL II. APPLICATION II. a : ABSENCE NOT EXCEEDING THREE CALENDAR DAYS II.b : ABSENCE EXCEEDING THREE DAYS AND ALL ABSENCES COVERED BY A MEDICAL CERTIFICATE II.c : ACCIDENT II.d : ABSENCE ON HEALTH GROUNDS WHILE ON ANNUAL LEAVE II.e : MEDICAL EXAMINATION III. SPECIAL CASES III.a : SICK LEAVE AWAY FROM THE PLACE OF EMPLOYMENT III.b : TRAVEL OUTSIDE THE PLACE OF EMPLOYMENT FOR MEDICAL EXAMINATIONS OR MEDICAL TREATMENT III. c : PART TIME WORKING ON MEDICAL GROUNDS III.d : REQUIREMENT TO TAKE LEAVE ON HEALTH GROUNDS III.e : UNAUTHORISED ABSENCE ABBREVIATIONS USED SNE GECO HRM JSIS SIC CONGES = Secnded natinal expert = Leave Administratr in the Directrate General / department cncerned = Human Resurces Manager fr the Directrate General/department cncerned = Jint Sickness Insurance Scheme f the Eurpean Cmmunities = Jint Infrmatin System, present in every DG/department and designed t facilitate the administrative management f leave and absences INTRODUCTION These prvisins gverning absences n grunds f health r accident are aimed in particular at incrprating the amendments t the Staff Regulatins applicable frm 1 May 2004 and include new infrmatin designed t fill any gap in the existing rules. On questins f leave as such (including maternity leave and the varius frms f special leave), please refer t the cmplementary Cmmissin Decisin n the implementing prvisins with regard t leave. I. GENERAL Officials wh prvide sufficient evidence f incapacity t perfrm their duties because f sickness r accident are autmatically entitled t sick leave.

3 Similarly, members f the temprary staff/auxiliary staff/cntract staff (within the meaning f the Cnditins f Emplyment f Other Servants) wh prvide sufficient evidence f incapacity t perfrm their duties because f sickness r accident are entitled t sick leave. SNEs wh prvide sufficient evidence f incapacity t perfrm their duties because f sickness r accident are autmatically entitled t sick leave; if the sick leave exceeds ne mnth r the perid already served (nly the lnger f the tw perids is taken int accunt), payment f the SNE s daily allwances is autmatically suspended; the perid f sick leave may nt extend beynd that f secndment; hwever, SNEs wh are victims f a wrk related accidents during their perid f secndment cntinue, until the end f the secndment, t receive their full daily allwances thrughut the perid f incapacity fr wrk. This dcument applies nly t the staff referred t abve. Interim, service r cntract staff under natinal law and ther staff emplyed directly r therwise by the Cmmissin are gverned by the natinal rules applicable at the place f wrk. II. APPLICATION Preamble: Officials, ther servants and SNEs must, as sn as pssible in practice within the first few hurs f absence and using every means at their dispsal, ntify r have smene ntify their line manager, giving precise details as t hw they can be cntacted and hw lng they are likely t be away frm wrk. The fficial r ther servant r SNE must, befre the supprting dcuments are sent, ensure that the latter bear their persnnel number and, where applicable, their status (i.e. permanent fficial, member f the temprary staff r SNE) and are perfectly legible and cmplete. III. II. a : ABSENCE NOT EXCEEDING THREE CALENDAR DAYS A medical certificate is nt required fr an absence n health grunds nt exceeding three (3) calendar days. Hwever, if absences n health grunds f up t three (3) calendar days nt cvered by a medical certificate add up t mre than twelve (12) days during the preceding 12 mnth perid, the fficial r ther servant r SNE cncerned must prduce a medical certificate fr any further absence hwever shrt n health grunds as lng as the ttal cntinues t exceed 12 days ver a 12 mnth perid. Absences will autmatically be regarded as unjustified frm the 13th day f absence n health grunds which is nt cvered by a medical certificate. An absence n grunds f health which is nt cvered by a medical certificate may nt fllw a perid f sick leave which is. An absence n health grunds withut a medical certificate may nt immediately precede r fllw a perid f annual r special leave if the ttal absence, including the annual r special leave, exceeds three calendar days. The absence will in such cases be regarded as irregular (see III.E belw). Applicatin Nt having a medical certificate des nt dispense fficials/ther servants/snes

4 frm having t ntify their line manager at the earliest pprtunity (see Preamble). II.b : ABSENCE EXCEEDING THREE DAYS AND ALL ABSENCES COVERED BY A MEDICAL CERTIFICATE Officials, ther servants and SNEs wh are absent n health grunds fr mre than three (3) calendar days must be cvered by a medical certificate stating clearly that they are unfit fr wrk. The medical certificate must be legible and must include the fllwing infrmatin: the patient s name and first name, where the patient is staying, the freseeable duratin f the incapacity fr wrk, specifying the start and end dates. The absence will nt be treated as sick leave until the Medical Service has been in a psitin t establish the validity f the medical certificate (see III.E belw) Applicatin Officials, ther servants and SNEs must send the riginal f the medical certificate direct t the Medical Service (i.e. nt via their Directrate General/department). They must d s as sn as pssible (2) after the first day f incapacity fr wrk and in n case later than the fifth day f absence, the pstmark serving as prf. Failing this, the absence will be regarded as unjustified, unless they were prevented frm sending the certificate by circumstances beynd their cntrl (prf f which will, where necessary be required). A certificate made ut after they have returned t wrk may be rejected if the Medical Service is nt in a psitin t establish/verify the medical situatin. If an fficial, ther servant r SNE is unable t transmit the certificate prmptly t the Medical Service he r she must ntify r have smene ntify the latter and explain why. Sending the medical certificate des nt dispense permanent fficials, ther servants r SNEs frm having t ntify their immediate superir at the earliest pprtunity (see Preamble). II.c : ACCIDENT In case f absence because f an accident the prvisins f II.a and b. abve shall apply, with any necessary changes. Applicatin Officials, ther servants and SNEs wh are absent because f an accident must, as sn as pssible, ntify r have smene ntify their line manager, stating hw lng they expect t be ff wrk. The line manager r the Jint Sickness Insurance

5 Scheme, Welfare Service r Medical Service, as the case may be, will then instruct them n hw t prceed. Auxiliary staff and SNEs shuld als cntact the natinal scial security scheme with which they are affiliated. II.d : ABSENCE ON HEALTH GROUNDS WHILE ON ANNUAL LEAVE If, while n annual leave, fficials r ther servants r SNEs cntract an illness which wuld have prevented them frm perfrming their duties had they nt been n leave, they may apply fr the number f days f annual leave crrespnding t the perid f illness t be recredited. The Medical Service must be in a psitin t carry ut a medical examinatin, if it sees fit, and must therefre be infrmed as sn as pssible, failing which it may nt be pssible t have the days f leave recredited. Applicatin Except in cases f frce majeure (the decisin as t whether frce majeure is invlved rests with the Medical Service), fficials, ther servants and SNEs must cntact the Medical Service at the nset f the illness and send in a cpy f the medical certificate with the fllwing infrmatin (where necessary by telephne r fax) within 48 hurs at the latest: surname, first name and persnnel number, starting and end dates f the illness, the exact address f the place where they are staying during the illness and the means f cntacting them (landline, mbile phne, fax, address, e mail, etc.), exact name and address (plus the means f cntacting) the dctr treating them; They must als send in the riginal medical certificate as sn as pssible; Where the tw cnditins abve are met, and prviding the Medical Service declares the certificate valid, the days f leave will be recredited in SIC CONGÉS by the leave administratr (GECO) n the basis f a list prvided by the Medical Service; The Medical Service will nt take int cnsideratin, with a view t the pssible recrediting f annual leave, medical certificates issued r sent at a later date, i.e. after the reprted end date f the perid f illness r after the perid f annual leave. II.e : MEDICAL EXAMINATION Officials, ther servants and SNEs n sick leave may at any time be required t underg a medical examinatin arranged by the Cmmissin. The purpse f such an examinatin is t ensure that the absence is justified and that the duratin f the absence is in prprtin t the nature f the illness. This examinatin will nrmally take place at the patient s hme.

6 The medical examinatins are carried ut by a dctr at the request f the Medical Service acting either n its wn initiative r at the request f the fficial's HRM. Officials r ther servants r SNEs required t underg such a medical examinatin may be ntified by letter, telephne r fax r by any ther apprpriate means. The ntificatin will be sent, as apprpriate, t their hme address, leave address r the place where they have been authrised t spend their sick leave. If the fficial is unable t travel, he r she must ntify the medical fficer immediately. The inability t travel must at all events be mentined in the medical certificate r in a detailed attestatin frm his r her dctr certifying that they are medically unfit t travel. If the examinatin cannt take place fr reasns attributable t the persn cncerned, his r her absence will be regarded as unauthrised with effect frm the date n which the examinatin was due t take place. If the medical fficer cncludes frm the examinatin that the persn cncerned is fit t wrk, he r she shall immediately infrm the fficial/ther servant/sne in writing. The medical fficer shall state in the dcument when the fficial/ther servant/sne is deemed t be fit t return t wrk. The medical fficer f the Medical Service may request an additinal expert medical examinatin. The Medical Service shall als infrm the HRM f the Directrate General/department cncerned. If the fficial/ther servant/sne (r a dctr acting n their behalf) cnsiders the cnclusins f the medical fficer t be unjustified n medical grunds, they may within tw wrking days submit t the Medical Service a request that the matter be referred t arbitratin. Article 59 f the Staff Regulatins sets ut clearly the arbitratin prcedure. If the arbitratin cnfirms the cnclusins f the medical examinatin, the absence will be cnsidered as unauthrised with effect frm the date f the examinatin. IV. SPECIAL CASES III.a : SICK LEAVE AWAY FROM THE PLACE OF EMPLOYMENT Officials r ther servants r SNEs n sick leave wh wish t spend this leave in a place ther than their place f emplyment (3), must ask permissin frm their appinting authrity befrehand; The Appinting Authrity shall base its decisin n the pinin f the Medical Service; Where the Appinting Authrity takes n decisin r refuses t grant authrisatin, the persn cncerned may nt leave his r her place f emplyment, failing which the absence may be regarded as unauthrised. Failure t bserve these rules may lead t disciplinary sanctins. The Appinting Authrity may ask the Medical Service t request that the persn cncerned cme fr an examinatin t ascertain that they are present in the place f emplyment. Applicatin Wherever pssible, a request t spend a perid f sick leave at a place ther than that f emplyment shuld be made by cmpleting the special frm entitled "Applicatin fr authrisatin t be away frm place f emplyment"; The frm must be submitted at least 10 wrking days befre the intended departure date t the Medical Service, which will frward it, tgether with its

7 pinin, t the HRM f the Directrate General/department f the persn cncerned. This perid is necessary t allw the Medical Service t check, where apprpriate, that there is n medical reasn why the persn cncerned shuld nt travel r, in particular, whether making the jurney might aid the patient s recvery. The Appinting Authrity will then infrm the persn cncerned and the Medical Service f its decisin. The authrisatin, if any, shall be granted fr a specified perid. III.b : TRAVEL OUTSIDE THE PLACE OF EMPLOYMENT FOR MEDICAL EXAMINATIONS OR MEDICAL TREATMENT (4) Official r member f the temprary staff: three days maximum. Auxiliary staff r SNE: there is n prvisin fr special leave. Pssibly travelling time in very exceptinal circumstances. Applicatin The Appinting Authrity may nly grant special leave n the advice f the Medical Service t fficials r temprary staff fr a medical cnsultatin, examinatin r a specific treatment f shrt duratin away frm the place f emplyment during Cmmissin wrking days and hurs; Special leave may nt cver an absence fr illness r hspitalisatin; Special leave may be cmbined with annual leave but may nt be granted during annual leave and may nt, therefre, lead t part f the latter being recredited; The Appinting Authrity is nt bund by the pinin f the Medical Service; Exceptinal travelling time fr a maximum f ne day may be granted n the advice f the Medical Service if the distance, by rail, between the place f emplyment and the place in which the cnsultatin/examinatin/treatment takes place is 200 km r mre. Cnditins Officials/members f the temprary staff must, tgether with their applicatin, submit an applicatin t their Medical Service t spend time at a place ther than that f emplyment using the frm entitled "Applicatin fr authrisatin t be away frm place f emplyment"; The Medical Service will, after delivering its pinin, frward the applicatin, fr a decisin, t the Appinting Authrity f the Directrate General/department f the persn cncerned; If the Appinting Authrity apprves the applicatin, it will ntify the persn cncerned, the Medical Service and the GECO, wh will grant the special leave and any travelling time specified in the decisin. If the applicatin is rejected by the Appinting Authrity the GECO shall ntify the fficial/member f the temprary staff and shall set the entire absence, if any, against the annual leave entitlement;

8 Travelling time and special leave will nt be cnfirmed until the Medical Service has been able t infrm the GECO that the medical examinatin has effectively taken place. It is therefre fr the fficial/member f the temprary staff t transmit t the Medical Service a medical certificate regarding the cnsultatin r treatment. III. c : PART TIME WORKING ON MEDICAL GROUNDS Fr medical reasns, in particular the gradual reintegratin int the wrking rutine r t prevent risks t their health, fficials r ther servants r SNEs may be authrised t wrk part time under the arrangements fr medical part time. In this way they will be able t wrk a prtin f the nrmal day r week, depending n the Medical Service s decisin. Applicatin The maximum perid f part time wrking n medical grunds is three mnths; In exceptinal circumstances, an extensin may be granted fr a maximum f three mnths by the Medical Service n the basis f a detailed medical reprt. If the persn cncerned wishes t take extended annual leave 10 wrking days r mre during a perid f part time wrking n medical grunds, the latter will be suspended during the annual leave; At the end f the extended annual leave, the fficial/ther servant/sne may be asked t reprt t the Medical Service fr a review f whether part time wrking n medical grunds is still justified; If the persn cncerned is authrised t wrk part time n medical grunds fr a perid during which he r she has already been authrised t wrk part time, the arrangements gverning the latter shall be suspended fr the duratin f the part time wrk n medical grunds; Officials r ther servants r SNEs wrking part time n medical grunds shall retain all their entitlements, in particular their entitlement t annual leave; Cnsequently, any days f annual leave taken cunt as whle days. Cnditins Part-time wrk n medical grunds will be granted by the Medical Service either n its wn initiative r fllwing a request by the fficial r ther servant. If it is the fficial r ther servant wh requests part time wrking n medical grunds, he must ask the Medical Service (5) fr a medical examinatin and prduce a reasned attestatin frm the dctr treating him. Part-time wrking n medical grunds may nt cmmence until the Medical Service has given its apprval. Therefre: The request must be made in gd time in rder t allw the Medical Service t reach a decisin (in particular where part time wrking n medical grunds fllws a perid f sick leave);

9 Officials/ther servants may nt pre empt the Medical Service s decisin by wrking part time ahead f such decisin. The Medical Service s decisin shall stipulate the cnditins gverning part time wrking n medical grunds. Failing this, the persn cncerned may, in the case f half time wrk, chse whether t wrk mrnings r afternns, subject t the line manager s agreement. The Medical Service s decisin shall be ntified t the fficial/ther servant/sne and t the HRM. In the event f a dispute the arbitratin prcedure (6) shall be initiated, n the initiative f the Medical Service r the persn cncerned. III.d : REQUIREMENT TO TAKE LEAVE ON HEALTH GROUNDS Officials r ther servants r SNEs may be rdered t take leave after examinatin by the Medical Service if their state f health s requires r if a member f their husehld is suffering frm a cntagius disease. Applicatin The decisin t rder smene t take leave shall be taken by the Appinting Authrity n the basis f a reasned pinin frm the Medical Service. The decisin may where apprpriate specify that the persn cncerned shuld surrender his r her staff card. The decisin n a return t wrk shall be taken by the Appinting Authrity after cnsulting the Medical Service. Officials, ther servants and SNEs may, if a member f their husehld is suffering frm a cntagius disease, be required t prduce a certificate attesting nncntagiusness befre resuming wrk. The certificate must be presented t the Medical Service, which will transmit its pinin t the Appinting Authrity. In the event f a dispute, the arbitratin prcedure (7) shall be initiated. III.e : UNAUTHORISED ABSENCE Except in case f sickness r accident, fficials/ther servants/snes may nt be absent withut prir permissin frm their line manager. Applicatin As stated at pint II. APPLICATION Preamble, it is fr the line manager (r a persn empwered by the latter) t recrd withut delay any absence in SIC CONGÉS and infrm the HRM f the Directrate General/department in the fllwing cases: if the fficial r a third party has nt ntified him n the first day f absence, giving a valid reasn fr the absence, r if the absence is nt cvered by a medical certificate r by an authrised request fr leave, r if the absence n grunds f sickness r accident has been duly established in advance by the Medical Service.

10 The HRM, nce infrmed by the line manager, shall check with the Medical Service if it has received a medical certificate r if it has been ntified f the absence. If the Medical Service replies in the negative the HRM shall recrd the absence as unauthrised. Withut prejudice t any disciplinary measures applicable, any duly recrded unauthrised absence shall be deducted frm the annual leave f the persn cncerned. If the persn cncerned has used up his r her annual leave a deductin crrespnding t the number f days leave will be made frm their mnthly salary n the basis f the fllwing frmula: number f days absence X net mnthly salary 30 Ftntes (1) OJ L 56, , p. 1. Regulatin as last amended by Regulatin (EC, Euratm) N 723/2004 (OJ L 124, , p. 1). (2) If the dcument is sent by fax the riginal must fllw at a later stage. (3) Verificatin, if any, will take place at the address given by the fficial r ther servant r SNE as his r her dmicile. (4) The Appinting Authrity in Luxemburg will take accunt f the site s special situatin. In particular, fficials r ther servants wh cnsult a dctr established within a radius f 65 km are nt required t apply fr this type f special leave r apply fr prir authrisatin. (5) In Brussels the supervisin sectr (extensin 56983/56984). (6) As prvided fr by Article 59(1) f the Staff Regulatins. (7) As prvided fr by Article 59(1) f the Staff Regulatins.