(Repealed by Rule No. 1386)

Rule No. 1331 of 24 March 2011 on the provisions applicable in the event of absence for reasons of health, maternity, paternity or adoption[1]

The Secretary General of the Council of Europe,

HAVING REGARD to Articles 31, 37 and 45, paragraph 5, of the Staff Regulations;

HAVING REGARD to the Regulations on the Medical and Social Insurance Scheme (Appendix XII to the Staff Regulations);

HAVING REGARD to Article 18.2 of the Regulations on Appointments (Appendix II to the Staff Regulations);

HAVING REGARD to Article 23 of Instruction No. 37 of 23 September 1998 on the operation of the medical service and medical examinations of staff members;

HAVING REGARD to Article 14 of Instruction No. 16 of 24 February 1978 on the introduction of flexible working hours in the Council of Europe secretariat and arrangements for their application;

HAVING REGARD to Rule No. 1205 of 1 January 2005 on leave;

HAVING REGARD to Rule No. 821 of 1 December 1992 laying down the conditions of recruitment and employment of temporary staff;

HAVING REGARD to Rule No. 1232 of 15 December 2005 laying down the conditions of recruitment and employment of temporary staff members from 1 January 2006;

HAVING REGARD to Rule No. 1234 of 15 December 2005 laying down the conditions of recruitment and employment of locally recruited temporary staff working in Information and Field Offices;

HAVING REGARD to Rule No. 1304 of 25 June 2009 on staff contributions towards collective insurance premiums;

HAVING REGARD to Rule No. 1317 of 3 September 2010 on benefits related to medical expenses;

HAVING REGARD to the Agreement of 12 January 2000 between the Council of Europe and the Government of France concerning social protection of staff employed by the Council of Europe on French territory;

HAVING REGARD to the provisions of the French Social Security Code and any amendments thereto, in particular governing adaptation of maternity leave;

HAVING CONSULTED the Staff Committee in accordance with Article 5, paragraph 3, of the Regulations on Staff Participation (Appendix I to the Staff Regulations);

D E C I D E S:

Article 1 - Definitions

The following definitions shall apply to this Rule:

Sickness: any organic or functional impairment of health in so far as it is duly recognised by a doctor.

Accident: any physical or mental harm resulting from the sudden effects of an external cause.

Work accident or industrial disease: any accident which is caused by, or occurs in the course of, functions undertaken in the Organisation and which causes physical or mental harm to a staff member in active service.

Work accidents shall also include accidents occurring:

-        during a staff member’s usual  journey to and from the usual place of work;[2]

-        when a staff member travels between buildings occupied by the employer;

-        or when a staff member is travelling to or from an official destination or         performing duties connected with an official journey (unless the journey has been interrupted for personal reasons unconnected with the staff member's duties).

The journey must not have been interrupted, or a detour have been made, for personal reasons.

Industrial diseases caused by duties performed on behalf of the Organisation (illnesses resulting from a succession of external events or a progressive effect linked to working conditions) shall qualify as work accidents.

Work accidents or industrial diseases shall include the further effects of an accident occurring, or an industrial disease contracted, while a staff member was performing his or her duties, even if these effects manifest themselves when s/he has left the Organisation.

For the interpretation of the above principles, French legislation on accidents at work and industrial diseases, and the relevant French case law, shall apply by analogy.

CEMSIS (Council of Europe Medical and Social Insurance Scheme): the Organisation's own private insurance scheme providing for benefits equivalent to those paid by the French social security scheme and additional benefits paid as complementary cover.

Mixed scheme: insurance scheme comprising primary cover under the French social security scheme supplemented by complementary cover provided by an external insurer and/or manager.

Complementary cover: additional cover complementing the primary cover.

Salary: basic salary plus, where applicable, the household allowance, the expatriation or residence allowance, the cost and conditions of living allowance, the language allowance and the representational allowance.

Subrogation: a mechanism enabling the Organisation, instead of the staff member, to receive directly the daily allowances paid by the social insurance organisation(s) while the staff member is on sick leave, provided it maintains the salary at a level at least equivalent to the daily allowances.

PART I - PROVISIONS APPLICABLE IN THE EVENT OF ABSENCE FOR SICKNESS OR ACCIDENT

SECTION I - General provisions

Article 2 - Purpose

1.       This part determines the rules governing the management of absences for health reasons and the benefits guaranteed by the Organisation in the event of the absence for health reasons of staff members, specially appointed officials, judges of the European Court of Human Rights, the Commissioner for Human Rights or monthly, daily or long-term temporary staff in active service (hereafter designated "staff members").[3]

2.       These benefits shall be guaranteed partly through self-insurance by the Organisation and partly through the Organisation's recourse to an external insurer and an external manager.

Article 3 - Notification of absences

1.       To facilitate work organisation, any staff member, specially appointed official or long-term, monthly or daily temporary staff member who has to be absent for health reasons shall from the first half-day of absence notify, or if s/he is unable to do so arrange for someone else to notify, his or her manager or the person within his or her department delegated responsibility for matters of leave. S/he shall indicate the foreseeable duration of the absence, if known.

2.       Failure to notify shall result in the number of days' absence being deducted from the staff member's annual leave entitlement.

3.       The above provisions shall also apply in the event of the prolongation of a period of sick leave.

Article 4 - Registration of absences

The manager or the person within the department delegated responsibility for matters of leave shall take the steps necessary to ensure that the absence is registered in the monthly summary table for the major administrative entity to which the absent staff member belongs.

Article 5 - Sick leave notices issued in France

1.       After fully and legibly completing it, the beneficiary shall send the original of part 3 of the sick leave notice directly to the Social Insurance and Pensions Unit of the Directorate General of Administration within 48 hours of its being issued.[4]

2.       Sick leave notices shall under no circumstances be sent to the staff member's department.

3.       Sick leave notices shall obligatorily bear the following information:

-        the date of the beginning of the sick leave, the expected date of its end, time- slots during which the beneficiary is authorised to leave his or her home, to be      indicated by the doctor.

-        the staff member's insurance number, the address where s/he can be visited if         different from the address the Directorate of Human Resources has on file and   his or her telephone number(s), to be indicated by the beneficiary.

-              if the notice was issued at the end of a day, the beneficiary shall indicate whether s/he worked the day on which s/he consulted his or her doctor.[5]

4.       Staff members affiliated to the mixed scheme shall also send the originals of parts 1 and 2 of the sick leave notice, after fully and legibly completing them, to their social security office (Caisse primaire d'assurance maladie) within 48 hours of the notice's issuance.

5.       Staff members affiliated to CEMSIS shall keep parts 1 and 2 of the sick leave notice for two years from the beginning of the period of absence, since the managers' medical adviser must be able to consult them on request.

6.       If the staff member is unfit to return to work immediately after a period of sick leave, duly covered by a certificate, a notice of prolongation of the sick leave shall be required. Except where it is clearly impossible for the doctor who issued the initial sick leave notice to do so (absences or emergencies) or where the staff member is receiving specialist care, notices of prolongation of sick leave shall be issued by the same doctor as issued the initial sick leave notice.

7.       If the period of sick leave is prolonged, the staff member shall ensure that the successive sick leave notices issued cover the entirety of the absence, without interruption. Notices of prolongation of sick leave shall be sent to the respective addressees in the same way and within the same time-limits as initial sick leave notices.

8.       In the event of hospitalisation, the entry form (bulletin d'entrée) provided by the admissions department shall serve as a sick leave notice. It shall be sent to the Social Insurance and Pensions Unit in the same way and within the same time-limits as sick leave notices. The same shall apply to the hospital leaving form (bulletin de sortie).[6]

9.       In the event of long-term hospitalisation, the Social Insurance and Pensions Unit  may request that a patient status report (bulletin administratif de situation) be provided to it.

Article 6 - Sick leave notices issued outside France

1.       For staff stationed or residing outside France or temporarily outside France on an official journey or leave, sick leave notices issued by local doctors on local forms shall, if possible, be sent to the Social Insurance and Pensions Unit  by fax or email, accompanied by a translation of the relevant information (surname and first name of the staff member, the staff member's insurance number, dates and duration of the sick leave) if the document is drawn up in a language other than French or English. An address where the staff member can be visited by a doctor appointed by the Organisation or by the insurance organisations and telephone numbers shall also be provided.

2.       The original sick leave notice shall be sent to the Social Insurance and Pensions Unit  within 48 hours of its being issued, and for staff affiliated to the mixed scheme to the competent social security office.

Article 7 - Registration of sick leave notices

1.       After verifying them, the Social Insurance and Pensions Unit shall register sick leave notices received in the Directorate's computerised data base.

2.       If need be, the Social Insurance and Pensions Unit shall make contact with the beneficiary concerned so as to clarify the case-file.

Article 8 - Interruption of sick leave

1.       A staff member who interrupts his or her sick leave less than five days before the end of the period prescribed by the doctor shall immediately inform the Social Insurance and Pensions Unit .

2.       A staff member who interrupts his or her sick leave five days or more before the end of the period prescribed by the doctor shall seek the consent of the Organisation's medical adviser before returning to work. Should the Organisation's medical adviser consent to an early resumption of work, it shall be for the staff member concerned immediately to inform the Social Insurance and Pensions Unit of this decision.

Article 9 - Resumption of work after a period of sick leave

1.       Any staff member who is on sick leave, of whatever duration, may be required to undergo a medical examination before resuming his or her duties or to provide a medical certificate attesting that he or she is fit for work.

2.       Any staff member who resumes work following sick leave of a duration equivalent  to or exceeding 21 days shall be required to see the Organisation's medical adviser for a return-to-work examination, no later than 8 working days after his or her return to work.

3.       Any staff member who resumes work following work accident leave of a duration equivalent to or exceeding 8 days shall be required to see the Organisation's medical adviser for a return-to-work examination, no later than 8 working days after his or her return to work.

4.       Any staff member who resumes work following sick leave as a result of an industrial disease, whatever the duration of the leave, shall be required to see the Organisation's medical adviser for a return-to-work examination, no later than 8 working days after his or her return to work.

5.       It shall be for the staff member to contact the medical service upon his or her return to work so as to arrange for a medical examination within the time-limits laid down.

Article 10 - Part-time sick leave for health reasons

1.       Staff who are absent for health reasons may be authorised to resume work on a part-time basis if their doctor prescribes it and issues an appropriate sick leave notice. The prior consent of the Organisation's medical adviser shall be required for resuming work on a part-time basis for health reasons, and the medical adviser shall determine the conditions of the return to work, if necessary, in consultation with the staff member's department.

2.       Should the Organisation's medical adviser withhold consent to resumption of work on a part-time basis for health reasons, it shall be for the staff member concerned to provide a full-time sick leave notice issued by his or her doctor.

3.       On a highly exceptional basis, where the situation so permits and to avoid journeys that are counter-indicated for medical reasons, the Organisation's medical adviser may authorise a staff member working part-time for health reasons to do part of his or her work from home. This authorisation shall not be given for more than two months at a time and shall be notified to the Social Insurance and Pensions Unit  and to the staff member's department by the Organisation's medical adviser.

4.       Periods of part-time sick leave for health reasons shall be treated as absences for health reasons, in particular with regard to the time-slots when the staff member concerned is permitted to leave his or her home (cf. Article 11) or to periods of absence from the staff member's usual home address (cf. Article 12).

5.       During part-time sick leave for health reasons prior approval shall be required for any official journey on behalf of the Organisation, in the same conditions as provided for in the event of periods of absence from the usual home address.

Article 11 - Time-slots when the staff member is authorised to leave home

1.       The doctor shall specify on the sick leave notice whether the staff member is authorised to leave home.

2.       If that is the case, a staff member on sick leave shall remain at home between 9 and 11 a.m. and 2 and 4 p.m. throughout the duration of the sick leave, including on Saturdays, Sundays and public holidays, except when he or she is required to undergo treatments or medical examinations.

3.       Should the staff member's state of health permit, the doctor may impose no restriction on leaving home. In this case, the doctor shall state the medical reasons for this decision on part 2 of the sick leave notice. The Organisation's medical adviser can request staff affiliated to CEMSIS to provide him or her with these reasons.

4.       Authorisation to leave home shall be considered withheld except where stipulated otherwise.

Article 12 - Absence from the usual home address

1.       Staff who are on sick leave may be authorised to leave their usual home address where the journey is medically justified and contributes to their recovery and the procedures stipulated in paragraphs 2 and 3 below have been complied with.

2.       Staff affiliated to French social security shall seek authorisation from the medical adviser of their social security office (Caisse Primaire d'Assurance Maladie - CPAM) in accordance with the procedure laid down by the latter. They shall inform the Organisation's medical adviser of any such authorisation and provide him or her with the precise details of their place of stay (the address where the staff member can be visited by a doctor appointed by the Organisation or by the insurance organisations, a telephone number and the exact dates concerned).

3.       Staff coming under CEMSIS shall submit a request to the Organisation's medical adviser at least 15 days before their departure, save in duly justified exceptional circumstances. This request shall be accompanied by a certificate from their doctor authorising them to travel and explaining why the journey is medically justified and by the precise details of the staff member's place of stay (the address where the staff member can be visited by a doctor appointed by the Organisation or by the insurance organisations, a telephone number and the exact dates concerned). If the Organisation's medical adviser has not responded within 15 days, the authorisation to leave the usual home address shall be deemed to have been granted.

Article 13 - Certificates of medical examinations or consultations

1.       Proof of attendance at a consultation shall not be deemed to constitute a sick leave notice. As a general rule, staff shall arrange absences to see their doctor or dentist outside core time. Where that is not possible, a staff member may be authorised to visit a doctor or dentist during core time by his or her manager up to twice per month, each time for one hour, provided this absence is compatible with the needs of the Organisation and the staff member catches it up. Such absences need not be notified to the Social Insurance and Pensions Unit.

2.       Certified attendance at medical examinations entailing a half day's or a full day's absence (such as a full medical check-up) shall be considered as an absence for health reasons, provided the certificate is submitted within the time-limit and stipulates the duration of attendance.

Article 14 - Long-term treatments

Provided the absences are compatible with the needs of the Organisation and the staff member catches them up, the Organisation's medical adviser may, on an exceptional basis and for a period not exceeding six months at a time, authorise an adaptation of working hours derogating from the rules on core time for long-term treatments entailing regular absences during core time, but not justifying the issuance of a sick leave notice. The staff member shall submit a request accompanied by appropriate medical supporting documents. This adaptation shall be agreed through consultation between the medical adviser and the staff member's manager.

Article 15 - Uncertified absences

1.       Any absence for reasons of health lasting more than 1.5 days shall be covered by a sick leave notice issued by the staff member's doctor or an authority competent in such matters. For the purpose of this article, a sick leave on a Friday and the following Monday, is considered as an absence of 4 days requiring a medical certificate at least for the Monday, the Friday being then considered as a day of absence without a certificate.

2.       When, during a calendar year, a staff member's uncertified absences for reasons of health of a duration less than or equivalent to 1.5 days reach a combined total of four days, any further absence not justified by a medical certificate shall entail regularisation through a corresponding deduction from the staff member's annual leave entitlement or, if it has already been used up, the staff member's salary. This regularisation may entail the opening of a disciplinary procedure under the relevant provisions of the Staff Regulations.

Article 16 - Sick leave covering a public holiday, an official non-working day or a day not worked for reasons of part-time work; sick leave notice issued during a period of annual leave

1.       Where a sick leave notice covers a public holiday, an official non-working day or a day not worked by the staff member for reasons of part-time work, the public holiday, non-working day or day not worked shall not be carried over.

2.       If sick leave is prescribed during a period of annual leave the corresponding annual leave shall be cancelled, provided the staff member concerned immediately informs, by any means, the Social Insurance and Pensions Unit  of the sick leave and all other relevant information (the staff member's first name and surname and insurance number, the dates and duration of the sick leave, the address where the staff member can be visited by a doctor appointed by the Organisation or by the insurance organisations, telephone number(s)). Only days of annual leave subsequent to the date on which this information is received by the Directorate of Human Resources shall be cancelled. The cancellation shall be carried out only on receipt of the original sick leave notice.

3.       Any annual leave which is due to commence at the same time or after the start of sick leave can be cancelled directly by the staff member and/or his/her manager. It shall be possible to cancel only the portion of the annual leave covered by the sick leave.[7]

Article 17 - Consequences of failure to comply with the general provisions on absence for health reasons

A.        Staff affiliated to the mixed scheme

1.       Should the social security office or the complementary insurance organisation refuse to pay daily allowances on the grounds of non-compliance with the regulatory time-limit for sending the medical certificate or infringement by the staff member of the French social security rules or the rules of the collective insurance contract or the insurance code, the staff member shall immediately inform the Social Insurance and Pensions Unit . A corresponding deduction shall be made from the staff member's salary.

2.       Should French social security refuse payment, the Social Insurance and Pensions Unit  shall transmit to the complementary insurance organisation the sick leave notice and the refusal decision. To benefit from complementary daily allowances, the staff member shall be obliged to prove that s/he is in an effective condition that would have entitled him or her to daily allowances from French social security if their payment had not been refused on grounds unrelated to his or her state of health. The complementary allowances shall be calculated as if French social security had calculated the amounts due in accordance with the usual rules. Should payment of the complementary daily allowances be refused, a corresponding deduction shall be made from the staff member's salary.

3.       Instead of a deduction from his or her salary, the staff member may request that the period for which allowances are not awarded should be compensated by annual leave in so far as his or her remaining annual leave entitlement permits.

4.       The staff member concerned may challenge decisions taken by the insurance organisations in accordance with the procedure laid down by the latter. The deduction from salary or the annual leave taken as compensation shall be reinstated if the outcome of the dispute procedure is in the staff member's favour.

B.        Staff affiliated to CEMSIS

5.       In the event of non-compliance by the staff member with the general provisions applicable to absences for health reasons, an amount equivalent to the daily allowances as calculated by French social security shall be deducted from the staff member's salary.

6.       Instead of a deduction from his or her salary, the staff member may request that the period for which allowances are not awarded should be compensated by annual leave in so far as his or her remaining annual leave entitlement permits.

7.       The staff member concerned may challenge the decision referred to in the first paragraph before an ad hoc board comprising the Organisation's medical adviser, the Director of Human Resources or his or her representative and a member designated by the Staff Committee. The deduction from salary or the annual leave taken as compensation shall be reinstated if the outcome of the dispute procedure is in the staff member's favour.

8.       Should the insurance organisation refuse to pay the daily allowances to the Council of Europe on the ground of infringement by the staff member of the rules of the collective insurance contract or the insurance code a corresponding deduction shall be made from the staff member's salary.

9.       Instead of a deduction from his or her salary, the staff member may request that the period for which allowances are not awarded should be compensated by annual leave in so far as his or her remaining annual leave entitlement permits.

10.     The staff member concerned may challenge the decision referred to in paragraph 8 in accordance with the procedure laid down by the insurance organisation. The deduction from salary or the annual leave taken as compensation shall be reinstated if the outcome of the dispute procedure is in the staff member's favour.

Article 18 - Medical inspection at the request of a sickness insurance organisation

1.       Staff shall immediately inform the Social Insurance and Pensions Unit  if, following a medical inspection performed by the social insurance organisation(s) with which they are affiliated, the inspecting authority decides that they are to return to work either full time or part time for health reasons. Any delay or failure to transmit this information may result in the opening of a disciplinary procedure.

2.       Staff deemed fit to return to work following an inspection by a sickness insurance organisation shall resume work on the date stipulated by the inspecting authority. They shall also be required to undergo an examination by the Organisation's medical adviser to determine their fitness for work.

3.       Staff deemed fit to return to work following an inspection by a sickness insurance organisation may challenge this decision in accordance with the procedure laid down by that organisation. Pending the outcome of the dispute procedure, provided they are deemed fit for work by the Organisation's medical adviser, they may return to work if they so wish. Failing this, they shall be placed on annual leave or leave without pay if their annual leave entitlement has been used up. Annual leave taken in this case shall be reinstated if the outcome of the dispute procedure is in the staff member's favour, and any leave without pay shall be cancelled accordingly.

Article 19 - Medical inspection at the request of the Organisation

1.       At the request of the Director of Human Resources, the Social Insurance and Pensions Unit  may at any time have a medical inspection performed by a doctor appointed by the Organisation, with the aim inter alia of verifying that sick leave is duly justified and that the staff member is present at his or her home address outside the time-slots when he or she is authorised to leave home, if permitted by his or her doctor.

2.       Staff deemed fit to return to work following an inspection at the Organisation's request shall resume work on the date stipulated by the inspecting authority. They shall also be required to undergo an examination by the Organisation's medical adviser to determine their fitness for work.

3.       Failing his or her return to work, the Organisation shall no longer be required to pay the staff member's salary or the part thereof not covered by the sickness insurance organisations with which the staff member is affiliated.

4.       Staff members deemed fit to return to work following an inspection at the Organisation's request may challenge this decision before an ad hoc board comprising the Organisation's medical adviser, the staff member's doctor and a third doctor chosen by the other two doctors. Pending the outcome of the dispute procedure, provided they are deemed fit for work by the Organisation's medical adviser, they may return to work if they so wish. Parts of salary deducted shall be reinstated if the outcome of the dispute procedure is in the staff member's favour.

SECTION II - Provisions applicable to permanent staff and long-term temporary staff

Article 20 - Rules governing salary during absence for health reasons

A.        Permanent staff with an indefinite-term contract

1.       The full salary of a permanent staff member absent for medically established health reasons shall continue to be met by the Council of Europe for a total of ninety days from the beginning of the absence.

2.       After the first period of ninety days, the staff member shall receive 50% of his or her salary, which shall be met by the Council of Europe for a further ninety days. S/he shall also receive a salary supplement, equivalent to 50% of his or her salary, paid by the medical and social insurance scheme applicable to him or her.

3.       At the end of this further period, the Council of Europe shall no longer meet the cost of the staff member's salary. S/he shall receive allowances equivalent to 100% of his or her salary, paid by the relevant medical and social insurance scheme.

4.       The total period of absence covered shall not exceed 36 months (or as long as provided for by the French social security rules) in the event of sickness, and shall be unlimited in the event of a work accident or an industrial disease (until consolidation of the insured person’s state of health). Any period of part-time sick leave for health reasons and any relapse lasting more than 30 days during the 9 months following the return to work shall be taken into account in calculating the total period of absence. The latter provision shall not apply where a new period of sick leave results from an accident or a different cause.[8]

5.       The Council of Europe shall, by subrogation, maintain the staff member’s salary within the limits of the benefits paid under the relevant medical and social insurance scheme.

6.       In the event of long-term illness, the Council of Europe shall continue to pay sick staff members the family benefits to which they are entitled as long as they remain in its employment.

7.       More favourable arrangements may be made in each individual case by the Secretary General.

B.        Permanent staff with a fixed-term contract, long-term temporary staff and specially appointed officials under the age of 70, and judges of the European Court of Human Rights or the Commissioner for Human Rights under the age of 70[9]

8.       Subject to the following specific provisions, the provisions laid down in Part A above shall apply to permanent staff with a fixed-term contract and long-term temporary staff. They shall also apply to specially appointed officials, judges of the European Court of Human Rights and the Commissioner for Human Rights until the end of the month in which they reach the age of 70.[10]

9.       On the expiry of the staff member's contract with the Organisation, if this occurs before the end of the absence for health reasons and the staff member is thereafter no longer in the Organisation's employment, the Organisation shall no longer meet the cost of the staff member's salary. Nonetheless, the staff member shall receive daily allowances from the relevant medical and social insurance scheme.

10.     For beneficiaries affiliated to CEMSIS, continued payment of daily allowances shall be guaranteed for the same duration and at the same level as provided for under the French social security scheme.

C.    Specially appointed officials, judges of the European Court of Human Rights or a Commissioner for Human Rights over the age of 70[11]

11.     Specially appointed officials, judges of the European Court of Human Rights or the Commissioner for Human Rights remaining in office beyond their 70th birthday may, on a voluntary basis and subject to payment of the corresponding premium, request continuation of the temporary incapacity cover at the same level as that provided up to their 70th birthday. This continuation of cover shall be inseparable from continuation of the death and disability cover.

Article 21 - Annual leave entitlement in the event of sickness lasting more than ninety days

1.       Periods of sick leave of a duration less than or equal to 90 days, or 180 days where they result from a work accident or an industrial disease (until consolidation of the insured person’s state of health), shall be taken into account to calculate annual leave entitlement in the same way as periods worked.[12]

2.       Periods of sick leave lasting between 91 and 180 days, or 181 and 365 days where they result from a work accident or an industrial disease (until consolidation of the insured person’s state of health), shall be treated as part-time work (50%) for the purpose of calculating annual leave entitlement.[13]

3.       Where these durations are exceeded, periods of sick leave shall not be taken into account to calculate annual leave entitlement, except, if any, the portion of entitlement resulting from part-time work with the purchase of additional days' leave.

4.       Where the total absence exceeds 90 days, periods of part-time sick leave for health reasons, shall be treated as part-time work (50%) for the purpose of calculating annual leave entitlement.

5.       Should a staff member be absent for health reasons for more than 60 days in a calendar year, any remaining annual leave entitlement may be carried over to the following year. At all events, leave entitlement acquired through the purchase of additional days' leave shall be carried forward.

Article 22 - Part-time work

Authorisation to work part-time shall be maintained during an absence for health reasons. Staff absent for health reasons cannot request a change in their working time.

Article 23 - Termination of a permanent staff member's contract on account of disabling illness

1.       The employment contract signed by the staff member shall remain in force (until the expiry date in the case of fixed-term contracts and at the latest up to the regulatory age-limit), whatever the duration of the illness. It may be terminated where there is proof that the staff member’s physical or psychological condition renders him or her permanently and totally incapable of fulfilling its terms.

2.       Such incapacity shall be attested in accordance with the procedures laid down in the Pension Scheme Rules for the award of an invalidity pension.

3.       Staff members who are unable to resume work at the end of the period of payment of salary stipulated in Article 20 shall be placed de facto on unpaid leave, in which case they shall come under the provisions applicable in such matters.

SECTION III - Provisions applicable to monthly temporary staff

Article 24 - Rules governing salary during sickness for monthly temporary staff stationed in France[14]

1.       Where sickness is duly substantiated by a medical certificate or in the cases covered by Article 15, the staff member shall continue to receive his or her salary for three days, known as the "waiting period".

2.       At the end of the waiting period, the staff member shall continue to receive his or her salary for a maximum of 30 days, at the rate of 2 days per month's service during the previous 24 months, less absences for health reasons registered during the previous 24 months, or until the expiry of his or her contract with the Organisation, if it falls before the end of the period of sick leave and marks the end of his or her employment with the Organisation. In its capacity as subrogated employer, the Organisation shall receive directly the daily allowances paid by the national social security scheme.

3.       If the staff member is unable to resume his or her duties at the end of the above-mentioned period, his or her salary shall no longer be met by the Council of Europe. S/he shall receive daily allowances paid by the national social security scheme and the salary supplement due under the complementary insurance scheme. Nonetheless, in its capacity as subrogated employer, the Organisation shall continue to pay the staff member’s full salary from the end of the period mentioned in paragraph 2 above until s/he resumes work or, at the latest, until the expiry of his or her contract with the Organisation, if it falls before the end of the absence for health reasons and marks the end of his or her employment with the Organisation.  This period of maintenance of salary shall be limited to:

- 6 months if, at the beginning of the period of temporary incapacity, the staff member concerned had contributed to the scheme for more than 12 months out of the previous 18 months;

- 3 months if, at the beginning of the period of temporary incapacity, the staff member concerned had contributed to the scheme for less than 12 months out of the previous 18 months.

During this period of maintenance of salary, the daily allowances under the national social security scheme and the salary supplement due under the complementary insurance scheme shall be paid to the Council of Europe for as long as the latter is subrogated.[15]

4.       At the end of this  period of maintenance of salary, if the staff member is unable to resume his or her duties, his or her employment shall be suspended until s/he returns to work, provided that takes place before the initial expiry date of his or her contract. Any daily allowance due by a national social security scheme shall be paid directly to the staff member.[16]

5.       In the event that the staff member's contract with the Organisation expires before the end of the period of maintenance of salary, the amounts due by the national social security scheme and the complementary insurance scheme shall be paid directly to the former staff member.[17]

6.       The Council of Europe shall continue to pay the staff member any family benefits and daily subsistence allowances due to him or her for the full period during which the salary continues to be paid and during any period for which the contract is suspended.

7[18].     Should the national security scheme or the complementary insurance scheme refuse to pay the daily allowances to the Council of Europe on the ground of the staff member's non-compliance with the national social security rules in force, a corresponding amount shall be deducted from the staff member's salary.

Article 25 - Rules governing salary during sickness for monthly temporary staff stationed outside France[19]

1.       Where sickness is duly substantiated by a medical certificate, the staff member shall continue to receive his or her salary for three days, known as the "waiting period".

2.       At the end of the waiting period, the staff member shall continue to receive his or her salary for a maximum of 30 days, at the rate of 2 days per month’s service during the previous 24 months, less absences for health reasons registered during the previous 24 months, or until the expiry of his or her contract with the Organisation, if it falls before the end of the period of sick leave and marks the end of his or her employment with the Organisation. In its capacity as subrogated employer, the Organisation shall receive directly the daily allowances paid by CEMSIS. These daily allowances shall be calculated on the same basis as those applicable under the French social security scheme.

3.       If the staff member is unable to resume his or her duties at the end of the above-mentioned period, his or her salary shall no longer be met by the Council of Europe. S/he shall receive the daily allowances and the salary supplement due under the CEMSIS scheme. Nonetheless, in its capacity as subrogated employer, the Organisation shall continue to pay the staff member’s full salary from the end of the period mentioned in paragraph 1 above until s/he resumes work or, at the latest, until the expiry of his or her contract with the Organisation, if it falls before the end of the absence for health reasons and marks the end of his or her employment with the Organisation. This period of maintenance of salary shall be limited to:

- 6 months if, at the beginning of the period of temporary incapacity, the staff member concerned had contributed to the scheme for more than 12 months out of the previous 18 months;

- 3 months if, at the beginning of the period of temporary incapacity, the staff member concerned had contributed to the scheme for less than 12 months out of the previous 18 months.

During this period of maintenance of salary the daily allowances and the salary supplement due by CEMSIS shall be paid to the Council of Europe for as long as the latter is subrogated.

4.       At the end of this period of maintenance of salary, if the staff member is unable to resume his or her duties, his or her employment shall be suspended until s/he returns to work, provided that takes place before the initial expiry date of his or her contract. Any daily allowance due by CEMSIS shall be paid directly to the staff member.

5.       In the event that the staff member’s contract with the Organisation expires before the end of the period of maintenance of salary, the amounts due by CEMSIS shall be paid directly to the former staff member.

6.       The Council of Europe shall continue to pay the staff member any family benefits and daily subsistence allowances due to him or her for the full period during which the salary continues to be paid and during any period for which the contract is suspended.

7.       In the case of certain temporary staff stationed outside France and affiliated to the national security scheme as a consequence of the relevant seat Agreements, any daily allowances paid by this national scheme shall be declared to the Social Insurance and Pensions Unit by the staff member absent for health reasons. Amounts received from this scheme shall be deducted from the sums paid by the Organisation and/or by CEMSIS.

8.       Should the national security scheme or the complementary insurance scheme refuse to pay the daily allowances to the Council of Europe on the ground of the staff member’s non-compliance with the national social security rules in force, a corresponding amount shall be deducted from the staff member’s salary.”

SECTION IV - Provisions applicable to daily temporary staff

Article 26 - Rules governing salary during sickness for daily temporary staff coming under Rule No. 1232

Where, in the course of a contract already commenced, a staff member is absent for health reasons, duly substantiated by a medical certificate, the staff member shall continue to be paid until the contract's expiry date, subject to a limit of not more than three days.

SECTION V - Provisions applicable to monthly or daily temporary staff exempted from affiliation with social security

Article 27 - Rules governing salary during sickness

1.       The Directorate of Human Resources may decide to make it optional for temporary staff not living in France to be affiliated to the French social security scheme and the complementary insurance scheme. In this case such staff members shall be affiliated with a private insurer to cover the risks of death and invalidity resulting from an accident occurring during their contract and the costs of treatment owing to an accident or illness arising during the same period.

2.       The Directorate of Human Resources may decide to exempt temporary staff living in France from affiliation with the French social security scheme and the complementary insurance scheme, if they can prove that they have sufficient other insurance cover. If these staff declare that they do not wish to be covered by the social security scheme, they shall be affiliated with a private insurer to cover the risks of death and invalidity resulting from an accident occurring during their contract and the costs of treatment owing to an accident or illness arising during the same period. This exemption from affiliation shall not exceed a period of one month at most.

3.       In the event of absence for health reasons, duly substantiated by a medical certificate, the staff member shall continue to receive his or her salary until the contract's expiry date, subject to a limit of not more than three days.

SECTION VI – Provisions applicable to officials seconded to the Council of Europe under Resolution CM/Res (2012)2[20]

Article 28 – Applicable law

1.       For the entire duration of their secondment officials seconded to the Council of Europe shall remain subject to the law applicable to their contractual relationship with the administration to which they belong. Accordingly, where applicable, it shall be for them to take all necessary steps to notify and justify to that administration any absence for health reasons and to comply with that administration’s regulations throughout their absence.

2.       Nonetheless, in the interest of the good running of the department to which they are assigned, Articles 3, 4, 7, 8, 13, 15 and 16 of this Rule shall be applicable to seconded officials. In addition, when a sick leave notice has been issued by a doctor, they shall be required to send a copy thereof to the Social Insurance and Pensions Unit (DHR) within 48 hours of its issue. A sick leave notice shall be required for any absence of more than 1.5 days.

SECTION VII – Provisions applicable to judges of the European Court of Human Rights and the Commissioner for Human Rights[21]

Article 29 – Applicable articles

For the purpose of implementing the insured benefits, Articles 1, 2, 5, 6, 7, 8, 9, 10, 11, 12, 14, 18 and 20 of this Rule shall apply to judges of the European Court of Human Rights and the Commissioner for Human Rights.

Article 30 – Purpose

This Part defines the provisions applicable in the event of maternity, paternity or adoption and the benefits guaranteed by the Organisation to staff, specially appointed officials, judges of the European Court of Human Rights, the Commissioner for Human Rights and monthly, daily or long-term temporary staff (hereafter designated "staff members").

PART II - PROVISIONS APPLICABLE IN THE EVENT OF MATERNITY, PATERNITY OR ADOPTION

SECTION I - Maternity

Article 31 - Notification of pregnancy

A pregnant staff member shall notify the Social Insurance and Pensions Unit  that she is pregnant before the end of the third month of pregnancy by means of a medical certificate (for instance, the certificate of the first pre-natal examination in France), stipulating inter alia the due date or the presumed date of conception.

Article 32 - Reduction of daily working time

From the beginning of the third month of pregnancy, provided the Social Insurance and Pensions Unit has been notified thereof, maximum daily working time shall be limited to 6 hours 45 minutes, to prevent excess fatigue.

Article 33 - Official journeys during pregnancy

From the beginning of the seventh month of pregnancy, any official journey by a pregnant staff member shall require the approval of the Organisation's medical adviser. Approval requests shall be submitted at the latest ten working days before the beginning of the official journey and shall be accompanied by a medical certificate issued by the doctor monitoring the pregnancy attesting that the staff member's state of health permits her to make an official journey. Any refusal by the Organisation's medical adviser shall be transmitted to the staff member's manager and to the Social Insurance and Pensions Unit .

Article 34 - Duration of maternity leave

Situation	Pre-natal leave	Post-natal leave
Staff member with no children or who has already given birth to one child born alive or whose household already has one dependent child.	6 weeks	10 weeks
Staff member who has already given birth to two children born alive or whose household already has two or more dependent children.	8 weeks	18 weeks
Staff member expecting twins	12 weeks	22 weeks
Staff member expecting triplets	24 weeks	22 weeks

If the child is born before the due date, the dates of leave initially scheduled shall remain unchanged. If the child is born after the presumed due date, the leave shall be extended by the number of days' delay. If the child has to be hospitalised at the time of birth and the hospitalisation continues beyond the sixth week, the staff member may resume work and postpone her remaining maternity leave entitlement to the end of the hospitalisation.

Article 35 - Adaptation of maternity leave[22]

1.       A pregnant staff member may postpone one, two or three weeks of pre-natal leave to the period after the birth.

2.       In the case of staff members affiliated to CEMSIS, the request shall be submitted to the Organisation’s medical adviser between the middle of the sixth month of pregnancy and the middle of the seventh month and shall be accompanied by a certificate from the doctor monitoring the pregnancy attesting that the staff member’s state of health permits her to continue working. If s/he agrees, the Organisation’s medical adviser shall inform the Social Insurance and Pensions Unit, which shall notify the staff member and her department of the recalculated dates of the maternity leave.

3.       In the case of staff members affiliated to the mixed scheme, the request shall be submitted to the social security office (CPAM) in accordance with the procedure laid down by the latter. A staff member who is authorised to modulate her maternity leave by the CPAM shall also be required to obtain the agreement of the Organisation’s medical adviser. If s/he agrees, the Organisation’s medical adviser shall inform the Social Insurance and Pensions Unit, which shall notify the staff member and her department of the recalculated dates of the maternity leave.

4.       Should a sick leave notice, whether related to the pregnancy or not, be issued during the period of postponement, the staff member shall inform without delay the Social Insurance and Pensions Unit and transmit the sick leave notice in accordance with the required procedure. The postponement shall be cancelled, the maternity leave shall begin forthwith and the Social Insurance and Pensions Unit shall notify the staff member and her department of the new dates of the maternity leave, taking into account the part of the period of postponement which has already elapsed.

Article 36 - Rules governing salary during maternity leave

1.       In the event of maternity leave, the staff member shall continue to receive her salary for the full period of leave or until the expiry of her contract with the Organisation, if the latter falls before the end of the maternity leave and marks the end of her employment with the Organisation.

2.       In the case of staff affiliated to CEMSIS whose contract with the Organisation expires before the end of their maternity leave, and if this marks the end of her employment with the Organisation, the Organisation shall pay daily allowances for the same duration and at the same level as provided for under the French social security scheme.

3.       Any daily allowances paid under a national social security scheme shall be declared to the Social Insurance and Pensions Unit  by the staff member on maternity leave. Payments received under the national scheme shall be deducted from the salary paid by the Organisation.

Article 37 - Annual leave entitlement during maternity leave

Periods of maternity leave shall be taken into account for calculating the staff member's annual leave entitlement.

Article 38 - Part-time work

Authorisation to work part-time shall be maintained for the duration of maternity or adoption leave. Pregnant staff members may not request an increase in their working hours. They may, however, request a reduction. Beneficiaries of maternity or adoption leave may, at the end of that leave, request a modification of their part-time working hours or cancellation of the authorisation, subject, for those staff members working half-time, to the provisions of Article 6 of the Regulations on part-time work (Appendix IX to the Staff Regulations).

Article 39 - Breast-feeding

Staff members who are breast-feeding may benefit from a reduction of working hours of one half hour per half day worked, for a maximum of twelve months from the date of birth of their child, provided they submit, every three months, to the Social Insurance and Pensions Unit a breast-feeding certificate drawn up by their doctor.

Article 40 - Medical examination on returning to work

Any staff member returning to work after maternity leave shall be required to undergo a medical examination to be performed by the Organisation's medical adviser not later than eight working days after the resumption of her duties.

Article 41 - Provisions applicable to officials seconded to the Council of Europe under Resolution CM/Res (2012)2[23]

1.       For the entire duration of their secondment officials seconded to the Council of Europe shall remain subject to the law applicable to their contractual relationship with the administration to which they belong. Accordingly, where applicable, it shall be for them to take all necessary steps to notify a pregnancy to that administration so that it can calculate the dates and duration of the maternity leave and to comply with that administration’s regulations throughout their maternity leave.

2.       Nonetheless, in the interest of the good running of the department to which they are assigned, Articles 28, 29, 30, 34 and 36 of this Rule shall be applicable to seconded officials. In addition, they shall be required to send without delay to the Social Insurance and Pensions Unit a document drawn up by the administration to which they belong indicating the dates and foreseeable duration of their maternity leave.

3.       Any relocation allowance paid to a seconded official shall be due for periods of maternity leave. However, the payment of the relocation allowance shall be suspended after more than six months of absence on maternity leave.

Article 42 – Provisions applicable to judges of the European Court of Human Rights and the Commissioner for Human Rights[24]

Articles 30, 31, 32, 33, 34, 35, 36, 39 and 40 above shall apply to judges of the European Court of Human Rights and the Commissioner for Human Rights.

SECTION II - Paternity

Article 43 - Duration of paternity leave

The duration of paternity leave is set at 11 successive calendar days for the birth of one child and 18 successive calendar days for a multiple birth. Paternity leave shall not be divided up.

Article 44 - Practical arrangements

1.       The leave shall begin before the child reaches the age of four months. It can be taken together with the special leave for birth of a child granted by the Organisation, which shall be registered in the leave workflow system.

2.       Paternity leave shall be granted regardless of the staff member's marital status, of whether the child is dependent on him and of the child's place of birth or residence, in so far as the staff member can substantiate the filiation and a birth certificate has been issued.

3.       The paternity leave request shall be made not later than one month before the beginning of the leave, except in duly justified exceptional circumstances, on a specific form to be returned to the Social Insurance and Pensions Unit  under cover of the staff member's manager. On returning to work the staff member concerned shall supply a birth certificate to the Social Insurance and Pensions Unit.

4.       The leave may be postponed in the event of the infant's hospitalisation. It may also be postponed or brought forward if the effective date of birth does not correspond to the expected date.

Article 45 - Rules governing salary during paternity leave

In the event of paternity leave, the staff member shall continue to receive his salary for the full period of leave or until the expiry of his contract with the Organisation, if the latter falls before the end of the paternity leave and marks the end of his employment with the Organisation.

Article 46 – Provisions applicable to officials seconded to the Council of Europe under Resolution CM/Res (2012)2[25]

1.       For the entire duration of their secondment officials seconded to the Council of Europe shall remain subject to the law applicable to their contractual relationship with the administration to which they belong. Accordingly, where applicable, it shall be for them to take all necessary steps to notify the birth of a child to that administration and to verify with that administration their possible rights in this respect.

2.       Should paternity leave be granted by the administration to which a seconded official belongs, in the interest of the good running of the department to which that official is assigned, the official shall be required to send without delay to the Social Insurance and Pensions Unit a document drawn up by that administration indicating the dates and foreseeable duration of the paternity leave.

3.       Any relocation allowance paid to a seconded official shall be due for periods of paternity leave. However, the payment of the relocation allowance shall be suspended after more than six months of absence on paternity leave.

Article 47 – Provisions applicable to judges of the European Court of Human Rights and the Commissioner for Human Rights[26]

Articles 43 to 45 above shall apply to judges of the European Court of Human Rights and the Commissioner for Human Rights.

SECTION III - Adoption

Article 48 - Notification of initiation of an adoption procedure

A staff member who initiates an adoption procedure shall inform the Social Insurance and Pensions Unit in good time if s/he intends to take adoption leave.

Article 49 - Duration of adoption leave

Situation	Adoption leave
Following the adoption of one child, the staff member's household will have 1 or 2 dependent children	10 weeks
Following the adoption of one child, the staff member's household will have at least three dependent children	18 weeks
Simultaneous adoption of two or more children, regardless of the number of children that will belong to the staff member's household	22 weeks

1.       The leave shall begin on the date of the child's arrival in the home or 7 days before the child's arrival.

2        A staff member who adopts a child or takes in a child with a view to adoption shall be entitled to adoption leave where his or her spouse works and has waived such entitlement.

3.       The entitlement may also be divided between the adoptive parents. In this case, the adoption leave shall be increased by 11 additional days for the adoption of one child, or 18 additional days for the adoption of two or more children. If it is split, the adoption leave shall be divided up into two parts, the shortest of which shall not be less than 11 days.

Article 50 - Rules governing salary during adoption leave

1.       In the event of adoption leave, the staff member shall continue to receive his or her salary for the full period of leave or until the expiry of his or her contract with the Organisation, if it falls before the end of the adoption leave and marks the end of his or her employment with the Organisation.

2.       For staff affiliated to CEMSIS whose contract with the Organisation expires before the end of the adoption leave, if this corresponds to the termination of their employment with the Organisation, the latter shall pay daily allowances for the same duration and at the same level as those provided for under the French social security scheme.[27]

3.       Any daily allowances paid under a national social security scheme shall be declared to the Social Insurance and Pensions Unit by the staff member on adoption leave. Amounts received from that scheme shall be deducted from the salary paid by the Organisation.

Article 51 - Annual leave entitlement during adoption leave

Periods of adoption leave shall be taken into account for calculating the staff member's annual leave entitlement.

Article 52 - Provisions applicable to officials seconded to the Council of Europe under Resolution CM/Res (2012)2[28]

1.       For the entire duration of their secondment officials seconded to the Council of Europe shall remain subject to the law applicable to their contractual relationship with the administration to which they belong. Accordingly, where applicable, it shall be for them to take all necessary steps to notify an adoption procedure to that administration so that it can calculate the dates and duration of the adoption leave and to comply with that administration’s regulations throughout their adoption leave.

2.       Nonetheless, in the interest of the good running of the department to which they are assigned, Articles 41 and 44 of this Rule shall apply to seconded officials. In addition, they shall be required to send without delay to the Social Insurance and Pensions Unit a document drawn up by the administration to which they belong indicating the dates and foreseeable duration of their adoption leave.

3.       Any relocation allowance paid to a seconded official shall be due for periods of adoption leave. However, the payment of the relocation allowance shall be suspended after more than six months of absence on adoption leave.

Article 53 – Provisions applicable to judges of the European Court of Human Rights and the Commissioner for Human Rights[29]

Articles 48 to 50 above shall apply to judges of the European Court of Human Rights and the Commissioner for Human Rights.

PART III - LEAVE FOR A COURSE OF MEDICAL OR HEALING TREATMENT («CURE»)

Article 54 - General provisions relating to absences for a course of medical or healing treatment ("cure")

1.       A course of medical or healing treatment shall qualify as a "cure" for the purpose of applying this Rule only if it has been prescribed by a doctor and the sickness insurance organisation with which the staff member is affiliated has given its prior approval. Stays in thalassotherapy, balneotherapy or spa establishments shall not qualify as a "cure".

2.       Except with the prior approval of the social security scheme's medical adviser, or the insurers' medical adviser for staff affiliated to CEMSIS, authorisation to take a "cure" shall not be granted more than once per year and per beneficiary.

3.       The rules governing the salary paid during leave for a "cure" shall be based on the criteria for payment of daily allowances, as determined by the French social security scheme, with regard to both the durations and maximum income limits.

4.       The rules governing salary shall be specified by the Social Insurance and Pensions Unit before the beginning of the "cure" upon submission, by the staff member concerned, of a request countersigned by his or her manager. The request shall mention the duration of the course of treatment, the place where it is to be carried out and the foreseeable dates of absence. Moreover, at the request of the Social Insurance and Pensions Unit, the staff member concerned shall provide information on his/her household’s income necessary to determine the rules governing his/her salary.[30]

Article 55 - Course of medical or healing treatment ("cure") considered as sick leave

1.       Leave for a course of medical or healing treatment shall be considered as sick leave provided that the income of the staff member's household is below the maximum limits set by the French social security scheme, the treatment's duration is in conformity with the standards applied by that scheme and the treatment is completed.

2.       In this case, the staff member shall continue to receive his or her salary throughout the course of treatment, provided s/he produces a certificate of treatment on his or her return to work. In the case of staff affiliated to the mixed scheme, the daily allowances paid by the social security scheme shall belong to the Council of Europe by subrogation.

Article 56 - Special leave for a course of medical or healing treatment ("cure")

1.       If absence for a course of treatment is not considered as sick leave in accordance with Article 46 above, a permanent staff member or a specially appointed official may be granted special leave.

2.       The leave shall be granted only if the duration of the treatment is not less than 10 days and provided the staff member produces a certificate of treatment on his or her return to work. The leave granted shall be equal to two-thirds of the duration of the "cure", subject to a maximum of 10 working days.

PART IV - FINAL PROVISIONS APPLICABLE TO ALL INSURED PERSONS[31]

Article 57 - Confidentiality of data

1.       All data relating to accidents/sickness/maternity kept in manual or electronic files shall be considered strictly personal and confidential. They shall accordingly be treated in strictest confidence by a limited number of staff who need to deal with them in connection with their duties and who are duly authorised by the Director of Human Resources.

2.       Staff responsible for processing sick leave notices and other medical certificates shall, as far as possible, destroy any medical information that may erroneously be communicated to them by staff members.

3.       The Directorate of Human Resources shall keep a record of absences for health reasons. It may utilise the data in its possession for performing checks and inspections relating to absences for health reasons and for drawing up statistics and reports. These statistics and reports may also be transmitted to the administrative entities on submission of a duly reasoned request.

Article 58 - Exceptions[32]

1.       The rules on salary during absences for health reasons shall not apply in the following cases:

-        illnesses or accidents deliberately induced or caused by staff members or their          dependants;

-        the consequences of professional participation in any sports event or competition;

-        the consequences of any sports activity practised in clear breach of safety rules        laid down by the public authorities and in such a way that the staff member could     not have been unaware of the risk;

-        the consequences of insurrections, riots or protest movements, bomb attacks or        attempted bomb attacks, and civil or other wars, no matter where these events    occur and no matter who is involved, unless the staff member takes no active          part in them or unless s/he is required to perform maintenance or surveillance         tasks with a view to protecting individuals and property on behalf of the Organisation;

-        injuries sustained by staff members taking part in a duel, a serious crime, an intentional offence or a fight, unless engaging in lawful self-defence or coming to    the assistance of a person in danger;

-        injuries sustained by staff members in possession of or manipulating military   equipment or unauthorised weapons;

2.       The consequences of aircraft accidents shall not be covered, unless the staff member is on board an aircraft officially certified as airworthy and flown by a pilot in possession of a current pilot’s licence. The pilot may be the staff member himself or herself, provided that s/he is in compliance with current regulations. Competitions, wagers, races, aerobatics, record attempts or preparatory tests, acceptance flights, gliding, and parachute jumps, other than those rendered necessary by an aircraft’s critical condition, shall not be covered

3.       The above exceptions shall not be enforceable in cases covered under the French social security scheme rules.

Article 59 - Entry into force

1.       This Rule shall enter into force on the first day of the month following its signature by the Secretary General.

2.       This Rule shall repeal the following Rules and Instructions:

-        Rule No. 1205 of 1 January 2005, Article 1, paragraph 3, Article 18 and

          Articles 20 to 29;

-        Rule No. 821 of 1 December 1992, Article 24 and Articles 53 to 56;

-        Rule No. 1232 of 15 December 2005, Articles 34 to 37;

-        Rule No. 1234 of 15 December 2005, Articles 24 to 26;

-        Instruction No. 37 of 23 September 1998 on the operation of the medical service       and medical examinations of staff members, Article 23;

-        Instruction No. 16 of 24 February 1978 on the introduction of flexible working hours in the Council of Europe secretariat and arrangements for their application,     Article 14 (end of first paragraph);

-        Guidelines of 12 May 1978 for the application of flexible working hours in the   Council of Europe Secretariat, Article 5b, paragraph 2.

Strasbourg, 24 March 2011

The Secretary General

Thorbjørn JAGLAND