Rule No. 1386 of 20 December 2016 on the provisions applicable in the event of absence for reasons of health, maternity, new parent’s leave or adoption

(Repealed by Rule No. 1399)

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 the Regulations on part-time work (Appendix IX to the Staff Regulations);

HAVING REGARD to Resolution CM/Res(2009)5 on the status and conditions of service of judges of the European Court of Human Rights and of the Commissioner for Human Rights as amended by Resolution CM/Res(2013)4 and Resolution CM/Res(2015)5;

HAVING REGARD to Resolution CM/Res(2012)2 establishing Regulations for Secondments to the Council of Europe;

HAVING REGARD to Resolution CM/Res(2016)18 amending the Regulations governing staff salaries and allowances (Appendix IV to the Staff Regulations) and related provisions;

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 members working in Council of Europe Duty Stations located outside France;

HAVING REGARD to Rule No. 1384 on staff contributions towards collective insurance premiums;

HAVING REGARD to Rule No. 1385 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;

CONSIDERING that it is necessary to replace Rule No. 1331 of 24 March 2011 on the provisions applicable in the event of absence for reasons of health, maternity, paternity or adoption;

HAVING CONSULTED the Supervisory Board in accordance with Article 1, paragraph 3 of Rule No. 1337 of 29 September 2011 on the Supervisory Board on medical and social protection;

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 insofar as it is duly certified by a doctor. This also applies to a psychological illness insofar as it is duly certified and determined by a doctor.

Stabilisation: the point where, following a period of treatment, the injury stabilises and becomes long-term or permanent such that no further treatment is necessary except to prevent any deterioration.

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

Work accident and 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 beneficiary in active service.

In particular, any physical injury due to a sudden external cause is regarded as accidental.

Work accidents shall also include accidents occurring:

- during a beneficiary’s normal journey to and from the normal place of work;

- when a beneficiary travels between buildings occupied by the employer;

- or when a beneficiary 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 his/her duties).

It should be noted that the journey must not have been interrupted, or a detour have been made, for personal reasons unconnected with the beneficiary’s duties.

Industrial diseases caused by duties performed on behalf of the Organisation (illness resulting from a succession of external events or a progressive effect linked to working conditions) which are recognised by the French social security scheme as industrial diseases in accordance with the table published by the National Research and Safety Institute (INRS) listing the industrial diseases recognised by French legislation, shall count as work accidents.

Work accidents or industrial diseases shall include the further effects of an accident occurring, or an industrial disease contracted, while the beneficiary 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 basic family 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 beneficiary, to receive directly the daily allowances paid by the social insurance organisation(s) while the beneficiary is on sick leave, provided it maintains the remuneration 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, where applicable, the benefits guaranteed by the group insurance contract in the event of the absence for health reasons of staff members, specially appointed officials, seconded 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 “beneficiaries”).

2. The benefits guaranteed in the event of absence for health reasons are partly covered through self-insurance by the Organisation, within the limits laid down in this Rule. The Organisation has concluded a group insurance contract with an external insurer in order to guarantee for beneficiaries the benefits which it does not directly cover. Any amount not paid by the insurer resulting from an exclusion or forfeiture of benefits for which the beneficiary is responsible shall be borne by the latter.

Article 3 - Notification of absence

1. To facilitate work organisation, any beneficiary 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, in accordance with the arrangements defined by each Major Administrative Entity. S/he shall indicate the anticipated duration of the absence, if known, or as soon as s/he becomes aware of the said duration.

2. The provisions in paragraph 1 above 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 beneficiary belongs. This table shall be forwarded to the Social Insurance and Pensions Unit by each Major Administrative Entity at the beginning of the following month and at the latest by the 6^th working day of that month.

Article 5 - Sick leave notices issued in France

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

2. Sick leave notices shall under no circumstances be sent to the beneficiary’s department. Save in particular cases (work accident, leave interrupted by sick leave longer than 120 days) it shall not be necessary to notify the Social Insurance and Pensions Unit by e-mail as the absence cannot be registered until the original notice has been received.

3. Sick leave notices must include the following information:

- the date of the beginning of the sick leave, the anticipated date when it shall end, mention of any part-time sick leave for health reasons, the times indicated by the doctor when the beneficiary is authorised to leave his or her home; if this information is illegible, it is the responsibility of the beneficiary to provide clarification separately, without modifying the original, or to request a legible duplicate copy from the doctor;

- the surname, first name, insurance number (social security number for beneficiaries affiliated to the mixed scheme or employee number on the pay slip for beneficiaries affiliated to CEMSIS), the address where s/he may be visited and his or her telephone numbers, 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.

4. Beneficiaries 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. Beneficiaries 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. In the event of hospitalisation, the entry form (bulletin d’entrée) provided by the admissions department at the request of the beneficiary 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. At the end of hospitalisation, an exit form (bulletin de sortie) must be requested by the beneficiary from the admissions department and forwarded to the Social Insurance and Pensions Unit.

7. In the event of long-term hospitalisation, the beneficiary concerned must forward to the Social Insurance and Pensions Unit a health status document (bulletin de situation) once a month.

Article 6 - Sick leave notices issued outside France

1. For beneficiaries 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 the “sick leave declaration” form, available from the Social Insurance and Pensions Unit.

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 beneficiaries affiliated to the mixed scheme, to the competent social security office.

Article 7 – Provisions common to all sick leave

1. If the beneficiary 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. In the absence of a notice of prolongation of the sick leave, any absence consecutive to sick leave shall be considered to be unjustified absence and shall result in a reduction in annual leave entitlement or in salary. 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 beneficiary is receiving specialist care, notices of prolongation of sick leave shall be issued by the same doctor as issued the initial sick leave notice.

2. If the period of sick leave is prolonged, the beneficiary 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. A period of annual leave may not interrupt a period of absence for health reasons. If applicable, the beneficiary may be required to produce a sick-leave notice to replace the period of annual leave. Any times when the Organisation is closed must be covered by a sick leave notice if those periods of closure are both preceded and followed by a period of absence for health reasons. The above provisions shall not apply if the reason for the second period of absence is different from the reason for the first period.

Article 8 - Registration of sick leave notices

1. After verifying the original sick leave notices received, the Social Insurance and Pensions Unit shall register them in the Directorate of Human Resources’ computerised data base.

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

Article 9 - Interruption of sick leave

1. Beneficiaries who interrupt their 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. Beneficiaries who interrupt their sick leave five days or more before the end of the period prescribed by the doctor shall seek the consent of the Organisation’s doctor before returning to work. Should the Organisation’s doctor consent to an early resumption of work, it shall be for the beneficiary concerned to immediately inform the Social Insurance and Pensions Unit of this decision.

Article 10 - Resumption of work after a period of sick leave

1. Any beneficiary 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 beneficiary who resumes work following sick leave of a duration equivalent to or exceeding 21 days shall be required to see the Organisation’s doctor for a return-to-work examination, no later than 8 working days after his or her return to work.

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

4. Any beneficiary 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 doctor for a return-to-work examination, no later than 8 working days after his or her return to work.

5. The beneficiary shall be required 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 11 - Part-time sick leave for health reasons

1. Periods of part-time sick leave for health reasons shall be considered as periods of absence for health reasons and shall be subject to the same administrative rules as those governing fulltime sick leave. It is the beneficiary’s responsibility to contact the Medical Service in order to determine the arrangements for part-time sick leave within the time limits laid down.

2. Beneficiaries absent for health reasons may be authorised to resume work on a part-time basis for health reasons if their doctor prescribes such an arrangement, issues an appropriate sick leave notice which must be forwarded in good time to the Social Insurance and Pensions Unit. The prior consent of the Organisation’s doctor shall be required for resuming work on a part-time basis for health reasons, and the doctor shall determine the conditions of the resumption of work, if necessary, in consultation with the beneficiary’s department.

3. In very exceptional cases, where the situation so allows and to avoid journeys that are deemed inadvisable for medical reasons, the Organisation’s doctor may authorise a beneficiary 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 beneficiary’s department by the Organisation’s doctor.

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

Article 12 - Time-slots when the beneficiary is authorised to leave home

1. The doctor shall specify on the sick leave notice whether the beneficiary is authorised to leave his or her home.

2. If that is the case, a beneficiary 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 treatment or medical examinations.

3. Should the beneficiary’s state of health allow, 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 doctor may ask beneficiaries 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 13 - Absence from the usual home address

1. Beneficiaries absent for health reasons are required to reside on a permanent basis at their usual address provided to the Directorate of Human Resources. In exceptional cases and provided that the move is medically justified, contributes to their recovery and that the procedures stipulated in paragraphs 2 and 3 below have been complied with, they may request the authorisation of the Organisation’s doctor to reside temporarily at another address.

2. Beneficiaries affiliated to the French social security scheme shall seek prior 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. Subject to the above authorisation, they must then forward their request to the Organisation’s doctor using the form “request for authorisation to reside temporarily at an address different from the usual home address”, available from the Social Insurance and Pensions Unit.

3. Beneficiaries affiliated to CEMSIS shall submit their request to the Organisation’s doctor, at least 15 days prior to the move, save in duly justified exceptional circumstances, using the form “request for authorisation to reside temporarily at an address different from the usual home address”, available from the Social Insurance and Pensions Unit. This form shall be accompanied by a certificate from their doctor authorising them to travel and explaining why the journey is medically justified. If the Organisation’s doctor has not responded within 15 days, authorisation to leave the usual home address shall be deemed to have been granted.

Article 14 - 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 beneficiary may be authorised by his or her manager to have a medical appointment during core time up to twice per month, each time for one hour, provided this absence is compatible with the needs of the Organisation and the beneficiary makes up for the time away from work. 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 that the certificate is submitted within the time-limit and stipulates the duration of attendance.

Article 15 - Long-term treatment

Provided that the absences are compatible with the needs of the Organisation and the beneficiary makes up for time away from work, the Organisation’s doctor 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 treatment entailing regular absences during core time, but not justifying the issuance of a sick leave notice. The beneficiary shall submit a request accompanied by appropriate medical supporting documents. This arrangement shall be agreed through consultation between the Organisation’s doctor and the beneficiary’s manager.

Article 16 - 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 a doctor or an authority competent in such matters. For the purpose of this article, 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 uncertified absence.

2. When, during a calendar year, a beneficiary’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 beneficiary’s annual leave entitlement or, if it has already been used up, the beneficiary’s salary. This regularisation may entail the opening of a disciplinary procedure under the relevant provisions of the Staff Regulations.

Article 17 - 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 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 that the beneficiary concerned so requests and immediately informs, by any means, the Social Insurance and Pensions Unit of the sick leave. In this case, e-mails, fax, mail, telephone messages left on the common answer-phone of the Social Insurance and Pensions Unit or the answerphone of one of the staff members of the Social Insurance and Pensions Unit shall be acceptable. S/he shall provide all other relevant information (first name, surname and insurance number, the dates and duration of the sick leave, the address where he or she may 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 Social Insurance and Pensions Unit shall be cancelled. Leave shall not be cancelled except on request and at any event only once the Social Insurance and Pensions Unit has received the original sick leave notice.

3. In the event of sick leave beginning prior to annual leave which has already been applied for and covering all or part of the period of annual leave, the latter may be cancelled by the beneficiary and/or his or her line management in the leave workflow.

4. In the event of sick leave beginning at the same time as annual leave which has already been applied for and covering all or part of the period of annual leave, the latter may be cancelled at the beneficiary’s request by the Social Insurance and Pensions Unit. Leave shall not be cancelled except on request and at any event only once the Social Insurance and Pensions Unit has received the original sick leave notice.

Article 18 - Part-time work

Authorisation to work part-time shall be maintained during an absence for health reasons. Beneficiaries who are absent for health reasons cannot request a change to their working time arrangements, whatever form they take. This includes the purchase of additional days’ leave.

Article 19 - Consequences of failure to comply with the general provisions on absence for health reasons

A. Beneficiaries 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 beneficiary of the French social security rules or the rules of the collective insurance contract or the insurance code, the beneficiary shall immediately inform the Social Insurance and Pensions Unit. A corresponding deduction shall be made from the beneficiary’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 beneficiary shall be obliged to prove that s/he is actually in a 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 beneficiary’s salary.

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

4. The beneficiary 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 beneficiary’s favour.

B. Beneficiaries affiliated to the CEMSIS scheme

5. In the event of non-compliance by the beneficiary 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 his or her salary.

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

7. The beneficiary concerned may challenge the decision referred to in paragraph 1 above before an ad hoc board comprising the Organisation’s doctor, 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 beneficiary’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 beneficiary of the rules of the collective insurance contract or the insurance code a corresponding deduction shall be made from the beneficiary’s salary.

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

10. The beneficiary 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 beneficiary’s favour.

Article 20 - Medical inspection at the request of a sickness insurance organisation

1. Beneficiaries 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. Beneficiaries 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 doctor to determine their fitness for work.

3. Beneficiaries 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 that they are deemed fit for work by the Organisation’s doctor, 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 beneficiary’s favour, and any leave without pay shall be cancelled accordingly.

Article 21 - 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, amongst other things, of verifying that sick leave is duly justified and that the beneficiary is present at his or her home address outside the time-slots when he or she is authorised to leave home, where this has been authorised by his or her doctor.

2. Beneficiaries deemed fit to return to work following an inspection at the Organisation’s request, or beneficiaries who could not be inspected on account of their absence, refusal to be inspected or failure to attend the inspection, are required to resume work on the date stipulated by the inspection authority. They shall also be required to undergo an examination by the Organisation’s doctor to determine their fitness for work.

3. Failing his or her return to work, the Organisation shall no longer be required to pay the beneficiary’s salary or the part thereof not covered by the sickness insurance organisations with which s/he is affiliated. Instead of a deduction from his or her salary, the beneficiary may request that the period for which allowances are not awarded should be compensated by annual leave insofar as his or her remaining annual leave entitlement so allows.

4. Beneficiaries 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 doctor, the beneficiary’s doctor and a third doctor chosen by the other two doctors. Pending the outcome of the dispute procedure, provided that they are deemed fit for work by the Organisation’s doctor, they may return to work if they so wish. Parts of salary or annual leave deducted shall be reinstated if the outcome of the dispute procedure is in the beneficiary’s favour.

SECTION II - Provisions applicable to permanent staff, specially appointed officials and long-term temporary staff

Article 22 - Rules governing salary during absence for health reasons

A. Permanent staff with an indefinite-term contract

1. The full salary of a permanent beneficiary absent for medically established health reasons shall continue to be met by the Council of Europe for a total of one hundred and twenty (120) days from the beginning of the absence.

2. After the first period of one hundred and twenty days, the beneficiary shall receive 50% of his or her salary, which shall be met by the Council of Europe for a further sixty (60) 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 second period, the Council of Europe shall no longer meet the cost of the beneficiary’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 stabilisation of the beneficiary’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. Periods of part-time sick leave for health reasons, irrespective of the beneficiary’s working time arrangements, shall be counted as full-time absences.

5. The Council of Europe shall, by subrogation, maintain the beneficiary’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 beneficiaries 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

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, specially appointed officials under the age of 70 and long-term temporary staff.

9. On the expiry of the beneficiary’s contract with the Organisation, if this occurs before the end of the absence for health reasons and s/he is thereafter no longer in the Organisation’s employment, the Organisation shall no longer meet the cost of his or her salary. Nonetheless, the beneficiary 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 over the age of 70

11. Specially appointed officials 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 the last day of the month in which their 70th birthday occurs. This continuation of cover shall be inseparable from continuation of the death and disability cover.

Article 23 - Annual leave entitlement in the event of sickness lasting more than 120 days

1. Periods of sick leave of a duration less than or equal to 120 days shall be taken into account to calculate annual leave entitlement in the same way as periods worked.

2. Where this duration is 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.

3. Where the sick leave is a result of a work accident or an industrial disease, periods of sick leave of a duration less than or equal to 180 days shall be taken into account to calculate annual leave entitlement in the same way as periods worked. Beyond that and up to the 365th day, these periods shall be treated as part-time work (50%) for the purpose of calculating annual leave entitlement. Where this duration is 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. Periods of part-time sick leave for health reasons with working time greater than 40% shall, for the purposes of calculating annual leave entitlement, be treated as periods of work. Accordingly, annual leave taken shall be calculated in the same way as per the beneficiary’s customary working regime. For example, for a beneficiary working full time who is temporarily on part-time sick leave for health reasons, 5 days’ leave shall be recorded for an absence of one week. Where part-time working is less than or equal to 40%, the beneficiary’s working time shall be considered as part-time work (50%) for the purposes of calculating annual leave entitlement and the number of days’ leave taken. For example, for a beneficiary working full time who is temporarily on part-time sick leave for health reasons at 30%, for 3 half-days taken in the course of a week, leave entitlement for this period shall be adjusted as if he or she worked at 50% and shall be recorded as half-days.

5. Should a beneficiary 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. In all cases, leave entitlement acquired through the purchase of additional days’ leave shall be carried forward.

Article 24 - Termination of a permanent staff member’s contract on account of disabling illness

1. The employment contract signed by the beneficiary 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 beneficiary’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. Beneficiaries who are unable to resume work at the end of the period of payment of salary stipulated in Article 22 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 25 - Rules governing salary during sickness for monthly temporary staff stationed in France

1. Where sickness is duly substantiated by a medical certificate or in the cases covered by Article 16, the beneficiary 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 beneficiary 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 French social security scheme.

3. If the beneficiary 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 beneficiary’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 beneficiary 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 beneficiary 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.

4. At the end of this period of maintenance of salary, if the beneficiary is unable to resume his or her duties, his or her employment shall be suspended until s/he returns to work, provided that this 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 beneficiary.

5. In the event that the beneficiary’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 him or her.

6. The Council of Europe shall continue to pay the beneficiary 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.

Article 26 - Rules governing salary during sickness for monthly temporary staff stationed outside France

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

3. If the beneficiary 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 beneficiary’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 beneficiary 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 beneficiary 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.

5. In the event that the beneficiary’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 him or her.

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 beneficiary absent for health reasons. Amounts received from this scheme shall be deducted from the sums paid by the Organisation and/or by CEMSIS.

SECTION IV - Provisions applicable to daily temporary staff

Article 27 - Rules governing salary during sickness for daily temporary staff coming under Rule No. 1232

Where, in the course of a contract already commenced, a beneficiary is absent for health reasons, duly substantiated by a medical certificate, the beneficiary 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 28 - 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 beneficiary shall continue to receive his or her salary until the expiry date of the contract, 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

Article 29 – 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 efficient running of the department to which they are assigned, Articles 3, 4, 8, 9, 14, 16 and 17 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

Article 30 – Applicable articles

1. For the purpose of implementing the insured benefits, Articles 1, 2, 5, 6, 7, 9, 10, 11, 12, 13, 15, 20 and 22 of this Rule shall apply to judges of the European Court of Human Rights and the Commissioner for Human Rights until the end of the month in which their 70th birthday occurs.

2. On the expiry of the beneficiary’s contract with the Organisation, if this occurs before the end of temporary incapacity, the Organisation shall no longer meet the cost of his or her salary. Nonetheless, the beneficiary shall receive daily allowances from the relevant medical and social insurance scheme. 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. These daily allowances shall not be due if the beneficiary is in receipt of a pension, from whatever source.

3. Judges of the European Court of Human Rights and 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 the last day of the month in which their 70th birthday occurs. This continuation of cover shall be inseparable from continuation of the death and disability cover.

PART II - PROVISIONS APPLICABLE IN THE EVENT OF MATERNITY, NEW PARENT’S LEAVE OR ADOPTION

Article 31 - Purpose

This Part defines the provisions applicable in the event of maternity, new parent’s leave or adoption and the benefits guaranteed by the Organisation to beneficiaries.

SECTION I - Maternity

Article 32 - Notification of pregnancy

A pregnant beneficiary 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 prenatal examination in France), stipulating inter alia the due date or the presumed date of conception.

Article 33 - 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 excessive fatigue.

Article 34 - Official journeys during pregnancy

From the beginning of the seventh month of pregnancy, any official journey by a pregnant beneficiary shall require the approval of the Organisation’s doctor. Approval requests shall be submitted at the latest 10 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 beneficiary’s state of health allows her to make an official journey. Any refusal by the Organisation’s doctor shall be transmitted to the beneficiary’s manager and to the Social Insurance and Pensions Unit .

Article 35 - Duration of maternity leave

Situation	Prenatal leave	Post-natal leave
Beneficiary 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
Beneficiary who has already given birth to two children born alive or whose household already has two or more dependent children.	8 weeks	18 weeks
Beneficiary expecting twins	12 weeks	22 weeks
Beneficiary 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 beneficiary may resume work and postpone her remaining maternity leave entitlement to the end of the hospitalisation.

Except for the maternity leave adaptation arrangements given below, the dates of maternity leave are fixed. The beneficiary on maternity leave shall not be authorised to work during said leave.

Article 36 - Adaptation of maternity leave

1. A pregnant beneficiary may postpone 7, 14 or 21 consecutive calendar days of prenatal leave to the period after the birth.

2. In the case of beneficiaries affiliated to CEMSIS, the request shall be submitted to the Organisation’s doctor 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 beneficiary’s state of health is such that she is able to continue working. If s/he agrees, the Organisation’s doctor shall inform the Social Insurance and Pensions Unit, which shall notify the beneficiary and her department of the recalculated dates of the maternity leave.

3. In the case of beneficiaries 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 beneficiary who is authorised to adapt her maternity leave by the CPAM shall also be required to obtain the agreement of the Organisation’s doctor. If s/he agrees, the Organisation’s doctor shall inform the Social Insurance and Pensions Unit, which shall notify the beneficiary 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 beneficiary 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. The Social Insurance and Pensions Unit shall notify the beneficiary 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 37 - Rules governing salary during maternity leave

1. In the event of maternity leave, the beneficiary 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 beneficiaries 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 beneficiary on maternity leave. Payments received under the national scheme shall be deducted from the salary paid by the Organisation.

Article 38 - Annual leave entitlement during maternity leave

Periods of maternity leave shall be taken into account for calculating the beneficiary’s annual leave entitlement.

Article 39 - Part-time work

Authorisation to work part-time shall be maintained for the duration of maternity or adoption leave. Pregnant beneficiaries 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 beneficiaries working half-time, to the provisions of Article 6 of the Regulations on part-time work (Appendix IX to the Staff Regulations).

Article 40 - Breast-feeding

Beneficiaries 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 that they submit, every three months, to the Social Insurance and Pensions Unit a breast-feeding certificate drawn up by their doctor.

Article 41 - Medical examination on returning to work

Beneficiaries returning to work after maternity leave shall be required to undergo a medical examination to be performed by the Organisation’s doctor not later than eight working days after the resumption of their duties.

Article 42 – Provisions applicable to officials seconded to the Council of Europe under Resolution CM/Res (2012)2

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 efficient running of the department to which they are assigned, Articles 31, 32, 33, 34, 38 and 40 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 anticipated 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.

Article 43 – Provisions applicable to judges of the European Court of Human Rights and the Commissioner for Human Rights

Articles 31 to 37 and 40 to 41 above shall apply to judges of the European Court of Human Rights and the Commissioner for Human Rights.

SECTION II – New parent’s leave

Article 44 - Beneficiaries

1. New parent’s leave shall be granted following the birth of a child or the arrival of a child in the household following an adoption where the beneficiary is the father of the child, regardless of his family situation, including if he does not live with the child and if the child is not dependent on him.

2. New parent’s leave shall also be granted to any beneficiary who has no parental link with the child, but is the spouse or partner of a person who has given birth to a child or adopted a child.

Article 45 – Duration of new parent’s leave

The duration of new parent’s leave is set at 11 consecutive calendar days for the birth or adoption of one child and 18 consecutive calendar days for a multiple birth or adoption. New parent’s leave shall not be divided up.

Article 46 - Practical arrangements

1. The leave must begin before the child is four months old or within four months of the child’s arrival in the household. 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. The new parent’s leave request shall be made not later than one month before the beginning of the leave, save in duly justified exceptional circumstances, on a specific form to be returned to the Social Insurance and Pensions Unit under cover of the beneficiary’s manager. On returning to work the beneficiary concerned shall supply a birth certificate to the Social Insurance and Pensions Unit.

3. 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 47 - Rules governing salary during new parent’s leave

In the event of new parent’s leave, beneficiaries shall continue to receive their salary for the full period of leave or until the expiry of their contract with the Organisation, if the latter falls before the end of the new parent’s leave and marks the end of the beneficiaries’ employment with the Organisation.

Article 48 - Provisions applicable to officials seconded to the Council of Europe under Resolution CM/Res (2012)2

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 new parent’s leave be granted by the administration to which a seconded official belongs, in the interest of the efficient 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 anticipated duration of the new parent’s leave.

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

Article 49 – Provisions applicable to judges of the European Court of Human Rights and the Commissioner for Human Rights

Articles 44 to 47 above shall apply to judges of the European Court of Human Rights and the Commissioner for Human Rights.

SECTION III - Adoption

Article 50 - Notification of initiation of an adoption procedure

A beneficiary 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 51 - Duration of adoption leave

Situation	Adoption leave
Following the adoption of one child, the beneficiary’s household will have 1 or 2 dependent children	10 weeks
Following the adoption of one child, the beneficiary’s household will have at least 3 dependent children	18 weeks
Simultaneous adoption of two or more children, regardless of the number of children that will belong to the beneficiary’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 beneficiary 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 is in employment 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 of new parent’s leave 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 and 18 days respectively.

4. By way of exception, and at the explicit request of the beneficiary, the adoption leave may be shortened.

Article 52 - Rules governing salary during adoption leave

1. In the event of adoption leave, the beneficiary 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 beneficiaries 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.

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

Article 53 - Annual leave entitlement during adoption leave

Periods of adoption leave shall be taken into account for calculating the annual leave entitlement.

Article 54 - Provisions applicable to officials seconded to the Council of Europe under Resolution CM/Res (2012)2

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 efficient running of the department to which they are assigned, Articles 50 and 53 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 anticipated 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 55 – Provisions applicable to judges of the European Court of Human Rights and the Commissioner for Human Rights

Articles 50 to 52 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 56 - 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 health insurance organisation with which the beneficiary is affiliated has given its prior approval. Stays in thalassotherapy, balneotherapy or wellness establishments shall not qualify as a “cure” within the meaning of this Rule.

2. Except with the prior approval of the social security scheme’s medical adviser, or the insurers’ medical adviser for beneficiaries 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. The Social Insurance and Pensions Unit may, to this end, ask the beneficiary concerned for details of his or her household’s resources. In the absence of a statement of resources, where one has been requested, the “cure” cannot be considered as sick leave (Article 57 below).

4. The rules governing salary shall be specified by the Pensions and Social Insurance Unit before the beginning of the “cure” upon submission, at least one month prior to the beginning of the “cure”, by the beneficiary 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 anticipated dates of absence.

Article 57 - 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 beneficiary’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 whole course of treatment is completed.

2. In this case, the beneficiary 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 beneficiaries affiliated to the mixed scheme, the daily allowances paid by the social security scheme shall belong to the Council of Europe by subrogation.

Article 58 - 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 57 above, a permanent beneficiary 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 the beneficiary 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

Article 59 - 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 beneficiaries.

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 60 - Exceptions

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 beneficiaries or their dependents;

- 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 beneficiary 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 beneficiary takes no active part in them or unless he/she is required to perform maintenance or surveillance tasks with a view to protecting individuals and property on behalf of the Organisation;

- the consequences of 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;

- the consequences of a beneficiary’s holding, possessing or manipulating, at the location of the accident, either military equipment or unauthorised weapons;

2. The consequences of aircraft accidents shall not be covered, except where the beneficiary 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 beneficiary himself or herself, provided that s/he is in compliance with current regulations. Competitions, wagers, races, aerobatics, records or 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 61 - Entry into force

1. This Rule shall enter into force on 1 January 2017.

2. This Rule shall repeal Rule No. 1331 of 24 March 2011 on the provisions applicable in the event of absence for reasons of health, maternity, paternity or adoption;

Strasbourg, 20 December 2016

The Secretary General

Thorbjørn Jagland