2024-06-15 05:30:02
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Edited by La Roche-sur-Yon
Printed on June 15, 2024 at 7:30 pm
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The IS administrative court docket of Nantes refused an worker of the Auguste & Jean Renoir School from La Roche-sur-Yon (Vendée), who contacted him in January 2020 after he was refused an “extension” of the long-term sick go away he was initially granted to deal with his breast most cancers.
In actual fact this “territorial technical assistant for academic establishments” was rejected on December 20, 1019. his employer, the Division of Vendéereduce work stops after returning to responsibility on this long-term sick go away.
Nonetheless, Virginie XXX thought that she might reap the benefits of the provisions of the regulation of January 24, 1984 associated to the territorial civil service: they supply that the civil servant “is entitled to (…) long-term sick go away of a most length. three years” if his sickness renders him “unable to carry out his duties”.
It retains “the entire” of it his wage for a yr and is “decreased about half throughout the two years which follows”. The regulation specifies that this lengthy sick go away “can be utilized constantly or discontinuously”.
“Regular sick go away”
On this case “Ms XXX was identified with breast most cancers in February 2018 and, from April 2018, chemotherapy remedy after which radiotherapy allowed the remission of her sickness”, which the executive workplace of the court docket of Nantes re-contextualizes in a judgment dated April 4, 2024 which has simply been made publicly out there. She then returned to her duties a yr later, in April 2019, as a part ofpart-time therapeutics.
However, throughout this “therapeutic half-time”, the Renoir school worker was “a number of instances on go away” and was categorised by the Division of Vendée as “peculiar sick go away”, which affected the quantity of his remuneration.
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“She is claiming that her work stoppages that occurred after she was again had been a part of it after breast most cancers and will, subsequently, have arisen vacation extension lengthy sickness”, abstract of the executive court docket of Nantes in a judgment dated April 4, 2024 that has simply been made publicly out there. “It sends specifically (…) a letter (…) from Dr. XXX during which the efficiency (…) of resection is talked about endometrial hysteroscopy finished with issues »
“Nonetheless, it doesn’t seem from this letter or another doc within the file” that this examination of the uterus “would have proven a hyperlink to the breast most cancers from which Ms XXX suffered,” thought of the three judges from Nantes. Sure subsequently the request was refused and the applicant can’t be compensated for her misplaced wages.
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